Legislator Case Law & Legislation
IV K 496/15 AI generated

Court convicts defendant for driving under influence of cannabis, applying lenient law and ignoring prior conviction due to statute of limitations.

Case Number IV K 496/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of driving under the influence of cannabis and sentenced him to ten months of restricted liberty with a five-year ban on operating vehicles. The prosecution argued for a heavier penalty citing a prior conviction, but the court determined that the previous sentence had been extinguished by the statute of limitations under the new law. Consequently, the court applied the more lenient version of the Criminal Code effective at the time of the trial rather than the law at the time of the offense.

Legislator headnote

AI generated

Art. 106 k.k.; Art. 107 k.k.; Art. 21 k.k.: When a new law shortening the limitation period for extinguishing a conviction enters into force after the old period has expired, the new, shorter period applies, and the prior conviction is deemed non-existent.

Keywords

AI generated
driving under influence statute of limitations extinguishment of conviction lenient law principle criminal code application prior conviction restricted liberty sentence

Cited Legislation

AI generated
Art. 106 k.k.
Art. 107 k.k.
Art. 21 k.k.
Art. 42 § 2 k.k.
Art. 43 § 1 k.k.
Art. 4 § 1 k.k.
Art. 63 § 1 k.k.
Art. 53 k.k.
art. 42 § 2 k.k
art. 43 § 1 k.k

Cited Case Law

AI generated

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