II Ka 116/23
AI generated
Court partially allowed appeal, reducing fine and adding driving ban for driving under influence of cannabis.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment, reducing the fine and imposing a two-year driving ban for the defendant. The defendant argued that the conviction violated material law, but the court found the facts of driving with a THC level of 4.39 ng/ml established. Consequently, the court modified the sentence to reflect the specific circumstances while upholding the conviction.
Legislator headnote
AI generatedArt. 87 § 1 kw; Art. 87 § 3 kw: Driving a vehicle while under the influence of cannabis constitutes a punishable offense, warranting a fine and a driving ban proportional to the impairment level.
Keywords
AI generated
driving under influence
cannabis intoxication
criminal penalty modification
driving ban
THC concentration level
appellate review
proportionality of sentence
Cited Legislation
AI generatedArt. 87 § 1 kw
Art. 87 § 3 kw
Art. 29 § 1 kw
Art. 29 § 2 kw
Art. 29 § 4 kw
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 2 k.p.k.
Art. 438 pkt 3 k.p.k.
Art. 624 k.p.k.
art. 438 pkt 1 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedIV Ka 737/25
Court dismissed prosecutor's appeal on factual errors, ruling evidence assessment was correct and sufficient.
II Ka 590/21
Court reduced drug offense sentence from prison to fine by reclassifying act as minor weight case.
II Ka 205/21
Court acquits defendant on five charges but remands sixth charge for retrial due to procedural errors.
IV Ka 33/25
Court dismissed prosecutor's appeal on procedural errors, upholding first-instance conviction for aiding fraud.
II Ka 856/22
Appeal against conviction for attempted murder dismissed; prosecutor's appeal upheld; state bears costs.