Court convicted defendant of drunk driving while suspended, rejecting cumulative charge argument.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of driving a motor vehicle while intoxicated and under a court-ordered ban, imposing an eight-month prison sentence and a lifetime driving ban. The prosecution had incorrectly charged the defendant with a cumulative offense under Article 244 of the Criminal Code, which the court rejected. The court ruled that the elements of the offense under Article 244 are fully contained within Article 178a, meaning no cumulative application is possible.
Legislator headnote
AI generatedArt. 178a § 1 i 4 k.k.; Art. 244 k.k.; Art. 11 § 2 k.k.; Art. 64 § 1 k.k. The court established that when an act constitutes the offense of driving while intoxicated and under a ban, it cannot be charged cumulatively under Article 244, as the latter's elements are subsumed by the former.