Legislator Case Law & Legislation
V K 113/17 AI generated

Court grants conditional suspension of prosecution for minor drunk driving due to low alcohol levels and low social harm.

Case Number V K 113/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court granted a conditional suspension of criminal proceedings for the defendant, Z. P., who was convicted of driving under the influence of alcohol. Although the defendant argued for a lighter sentence due to his disability and the fact he drove to save his livestock, the court found the circumstances did not warrant full exemption from punishment. Consequently, the court imposed a one-year ban on driving, a two-year probation period, and a fine, while suspending the prosecution itself.

Legislator headnote

AI generated

Art. 66 § 1 k.k.; Art. 115 § 2 k.k.; Conditional suspension of prosecution is applicable when the offender's guilt and social harm are minor, their personal circumstances justify the presumption of future law-abiding behavior, and the specific case details do not raise doubts regarding the appropriateness of this measure.

Keywords

AI generated
conditional suspension of prosecution driving under the influence minor social harm probation period ban on driving license personal circumstances criminal liability

Cited Legislation

AI generated
Art. 66 § 1 k.k.
Art. 66 § 2 k.k.
Art. 67 § 1 k.k.
Art. 67 § 3 k.k.
Art. 63 § 4 k.k.
Art. 115 § 2 k.k.
Art. 42 § 2 kk
Art. 629 k.p.k.
Art. 627 k.p.k.
Art. 7 ustawy o opłatach w sprawach karnych

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