Legislator Case Law & Legislation
II K 499/16 AI generated

Court corrects previous judgment date errors in drunk driving sentence for defendant Z.S.

Case Number II K 499/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Myśliborz corrected a prior judgment by replacing incorrect dates with the accurate dates of the underlying offenses. The defendant, Z.S., was found guilty of driving while intoxicated (0.86 mg/l) and sentenced to three years in prison with a lifetime driving ban. The court ruled that the previous sentence contained factual errors regarding the specific dates of the incidents, necessitating a formal correction of the sentencing text.

Legislator headnote

AI generated

Art. 400 § 1 k.p.k.; Art. 42 § 3 k.k.: The court may correct errors in a final judgment regarding the dates of criminal acts when such errors contradict the established facts, ensuring the sentence reflects the true chronology of the offense.

Keywords

AI generated
drunk driving sentencing correction date error lifetime driving ban alcohol concentration criminal record judicial correction

Cited Legislation

AI generated
Art. 400 § 1 k.p.k.
Art. 42 § 3 k.k.
Art. 178a § 4 k.k.
Art. 178a § 1 k.k.
Art. 43a § 2 k.k.
art. 42 § 3 k.k

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