Legislator Case Law & Legislation
IV W 464/18 AI generated

Court convicts vehicle owner for failure to identify driver, rejecting self-incrimination defense for minor traffic offenses.

Case Number IV W 464/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the vehicle owner of a traffic violation for failing to identify the driver when summoned by local police. The defendant argued that answering would incriminate a close relative, citing Supreme Court precedent regarding self-incrimination. The court rejected this defense, ruling that the obligation to identify applies even if the answer might expose a relative to minor offense liability, as the distinction between offense and crime is not relevant here.

Legislator headnote

AI generated

Art. 78 ust. 4 k.w.; Art. 96 § 3 k.w.; The owner of a vehicle is obligated to identify the driver upon request, and this obligation cannot be avoided by claiming that the answer might expose a close relative to liability for a minor offense.

Keywords

AI generated
vehicle ownership liability failure to identify driver self-incrimination defense minor traffic offense close relative protection local police summons grain penalty

Cited Legislation

AI generated
art. 78 ust. 4 k.w.
art. 96 § 3 k.w.
art. 92 § 1 k.w.
art. 33 k.w.
art. 119 § 1 k.p.w.
art. 41 § 1 k.pw.
art. 183 § 1 k.p.k.
art. 17 § 3 k.p
art. 183 § 1 k.p.k
art. 119 § 1 k.p

Cited Case Law

AI generated
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text