Legislator Case Law & Legislation
II K 333/20 AI generated

Court dismisses drunk driving charge due to prior conviction time-bar expiration under Polish Criminal Code provisions.

Case Number II K 333/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the charge against the defendant for driving under the influence because a prior conviction from 2005 had expired due to the ten-year limitation period. The prosecution argued the defendant's current act constituted a new offense, but the court found the earlier judgment legally extinguished before the trial began. Consequently, the specific criminal act could not be classified as a crime under the relevant article.

Legislator headnote

AI generated

Art. 103 § 1 pkt 3 k.k.; Art. 178a § 1 k.k.: A prior conviction expires after ten years if no financial payment is made, thereby preventing the current act from being classified as a new crime under the same provision.

Keywords

AI generated
criminal limitation period drunk driving offense prior conviction expiration Criminal Code provisions time-barred judgment

Cited Legislation

AI generated
Art. 103 § 1 pkt 3 k.k.
Art. 178a § 1 k.k.
art. 387 k.p.k
art. 115 § 16 pkt 2 k.k
art. 103 § 1 pkt 3 k.k
AI generated

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