Legislator Case Law & Legislation
IV Ka 167/14 AI generated

Court acquits defendant for failing to sign a specific form when oral instruction sufficed to fulfill legal duty.

Case Number IV Ka 167/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The District Court in Bydgoszcz overturned a first-instance conviction, acquitting the defendant of a traffic violation for failing to identify the driver of his vehicle. The lower court had ruled that the defendant's failure to personally sign a municipal form constituted the offense, despite having instructed his employee to fill it out and his wife to sign. The appellate court held that the law requires only the identification of the driver, not a specific written form or signature, and that the defendant had effectively fulfilled his obligation by directing the information to be submitted.

Legislator headnote

AI generated

Art. 96 § 3 k.w.; Art. 78 ust. 4, 5 PoRD; The obligation to identify the driver of a vehicle does not require a specific written form or signature, as the law permits any act sufficiently revealing the will to fulfill the duty.

Keywords

AI generated
traffic violation identification of driver written form requirement oral instruction sufficiency acquittal on appeal administrative penalty duty fulfillment

Cited Legislation

AI generated
Art. 96 § 3 k.w.
Art. 78 ust. 4, 5 PoRD
Art. 60 k.c.
Art. 118 § 2 k.p.ow.
Art. 119 k.p.ow.
Art. 634 k.p.k.
art. 60 k.c
art. 118 § 2 k.p
art. 119 k.p
art. 634 k.p.k

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