Legislator Case Law & Legislation
II K 214/21 AI generated

Court imposes 3-month prison sentence for repeated violation of vehicle ban, dismissing suspended sentence request.

Case Number II K 214/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court imposed a three-month prison sentence on the defendant for violating a judicial ban on driving, finding the prior suspended sentences ineffective. The prosecution argued for a heavy penalty due to the defendant's low income, three children, and history of similar offenses, while the defense requested a suspended sentence. The court rejected the suspension request as legally incompatible with the defendant's prior record and the mandatory nature of the vehicle ban.

Legislator headnote

AI generated

Art. 244 k.k.; Art. 69 § 1 k.k.; Art. 424 § 3 k.p.k.: A repeated violation of a judicial driving ban constitutes a punishable offense where a suspended sentence is inadmissible if the offender has a prior record of similar offenses and the previous measures failed to deter recidivism.

Keywords

AI generated
violation of judicial ban repeated criminal offense suspended sentence inadmissibility prison sentence imposition procedural justification requirements

Cited Legislation

AI generated
Art. 244 k.k.
Art. 69 § 1 k.k.
Art. 424 § 3 k.p.k.
art. 424 § 3 k.p.k
art. 387 k.p.k
art. 244 k.k
art. 69 § 1 k.k
AI generated

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