IX Ka 484/14
AI generated
Court partially allowed appeal, striking bicycle ban due to minor alcohol offense and financial hardship.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment, specifically striking the six-month ban on riding bicycles. The defendant argued the ban was too harsh given his financial situation and reliance on the bicycle for work. The court agreed, noting the offense was minor and the fine alone was sufficient to deter future violations.
Legislator headnote
AI generatedArt. 87 § 2 kw; Art. 88 kw; Art. 437 § 2 k.k.: A supplementary measure like a ban on riding bicycles may be deemed unnecessary and excessive if the underlying offense is minor, the defendant faces significant financial hardship, and the primary penalty is already sufficient for prevention.
Keywords
AI generated
bicycle ban
alcohol offense
supplementary measure
financial hardship
proportionality principle
appellate review
minor violation
Cited Legislation
AI generatedArt. 87 § 2 kw
Art. 88 kw
Art. 9 § 1 kw
Art. 437 § 2 k.k.
Art. 624 § 1 k.p.k.
Art. 119 kpw
art. 624 § 1 k.p.k
art. 437 § 2 k.k