Legislator Case Law & Legislation
II K 326/19 AI generated

Court convicts defendant for violating court-ordered vehicle ban and imposes fine plus three-year driving ban.

Case Number II K 326/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of violating a court-ordered ban on operating vehicles and sentenced him to a fine of 50 daily rates and a three-year driving ban. The prosecution argued the defendant knowingly ignored the final judgment, and the court found the evidence of his intentional violation unambiguous. The court deemed the fine proportionate to the social harm and the driving ban necessary for special prevention, rejecting imprisonment as excessive.

Legislator headnote

AI generated

Art. 244 kk; Art. 37a kk; Art. 42§1a pkt 2 kk: Violation of a court-ordered vehicle ban constitutes an intentional offense punishable by a fine and a mandatory driving ban, where the penalty must be tailored to the offender's financial situation and the specific nature of the prohibited conduct.

Keywords

AI generated
violation of court order vehicle ban enforcement intentional offense proportionality of fine special prevention driving prohibition court costs

Cited Legislation

AI generated
Art. 244 kk
Art. 37a kk
Art. 33§1 kk
Art. 3kk
Art. 42§1a pkt 2 kk
Art. 43§1 kk
Art. 53 kk
Art. 423 §1 a kpk
Art. 3 ust. 1 ustawy o opłatach w sprawach karnych z dnia 23 czerwca 1973r
AI generated

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