Legislator Case Law & Legislation
V K 34/17 AI generated

Court acquits defendant on first charge due to pending administrative appeal, but convicts on second charge where decision was final.

Case Number V K 34/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant regarding the first charge of driving without a license revocation decision, finding the administrative ruling was not yet final. However, the defendant was convicted on the second charge because the license revocation decision had become final and enforceable before that incident occurred. The court ruled that immediate enforceability does not equate to a final decision for criminal liability purposes.

Legislator headnote

AI generated

Art. 180a kk; Art. 16 § 1 kpa: Criminal liability for driving without a license revocation decision requires the administrative decision to be final and non-appealable; immediate enforceability alone does not establish finality.

Keywords

AI generated
license revocation final administrative decision immediate enforceability criminal liability driving without license administrative appeal non-final decision

Cited Legislation

AI generated
Art. 180a kk
Art. 33 § 1 kk
Art. 3 kk
Art. 16 § 1 kpa
Art. 423 § 1a kpk

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