Legislator Case Law & Legislation
II K 9/20 AI generated

Court convicts defendant of drunk driving and assaulting police, imposing combined 7-month prison sentence.

Case Number II K 9/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Otwock convicted the defendant of driving under the influence and assaulting a police officer, imposing a combined sentence of seven months in prison. The court found the defendant guilty of two distinct acts: operating a vehicle with a blood alcohol level of 1.80‰ and striking a police officer on duty. Although the statutory change in 2020 would have required a higher combined sentence, the court applied the more lenient law in force at the time of the offense.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 222 § 1 k.k.; Art. 85 § 1 k.k.; Art. 86 § 1 k.k.; Art. 4 § 1 k.k. – The court may apply the more lenient provisions of the Criminal Code in force at the time of the offense when calculating a combined sentence, even if subsequent amendments require a higher penalty.

Keywords

AI generated
drunk driving conviction assaulting police officer combined prison sentence principle of lenity retroactive application of law police official protection criminal liability

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 222 § 1 k.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 4 § 1 k.k.
Art. 42 § 2 k.k.
Art. 43a § 2 k.k.
Art. 63 § 3 k.k.
Art. 63 § 4 k.k.
Art. 624 § 1 k.p.k.
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text