II K 147/22
AI generated
Court dismisses criminal penalty for drunk driving due to state of necessity and lack of danger.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of driving a vehicle while having a court-imposed ban and revoked driving rights. However, it determined that the defendant's decision to drive was justified by a state of necessity arising from his pregnant partner's sudden health deterioration. Consequently, the court decided to refrain from imposing any criminal penalty or driving ban under the relevant articles of the Criminal Code.
Legislator headnote
AI generatedArt. 26 § 3 k.k.; Art. 61 § 1, 2 k.k.: A criminal penalty may be refrained from being imposed if the offender, despite committing the act, was in a state of necessity and the act did not create a danger to traffic.
Keywords
AI generated
state of necessity
driving ban
criminal penalty
pregnant partner
health emergency
Criminal Code
traffic safety
Cited Legislation
AI generatedArt. 244 kk
Art. 180a kk
Art. 11 § 2 kk
Art. 26 § 1, 3 kk
Art. 61 § 1, 2 kk
Art. 627 k.p.k.
art. 387 k.p.k
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