II K 29/22
AI generated
Court convicted defendant of insulting police officer and drunk driving, applying older law for lighter sentence.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of insulting a police officer and driving while intoxicated, sentencing her to a fine of 50 daily rates. The prosecution argued for guilt on both counts, while the defense sought leniency based on her financial situation and personal circumstances. The court applied the law in force at the time of the offense rather than the newer law, deeming the older statute more favorable to the defendant.
Legislator headnote
AI generatedArt. 226§1 kk; Art. 178§1a kk; Art. 33 kk; Art. 4§1 kk: When a newer law is in force at the time of judgment, the court must apply the older law if it is more favorable to the offender, considering all criminal law institutions to ensure the most lenient outcome.
Keywords
AI generated
insulting police officer
drunk driving conviction
favorable law application
retroactive sentencing
fine and detention offset
Cited Legislation
AI generatedArt. 226§1 kk
Art. 178§1a kk
Art. 33 kk
Art. 4§1 kk
Art. 46§2 kk
Art. 632 pkt.1 kpk
Art. 624§1 kpk
art. 387 k.p.k
Cited Case Law
AI generateduchwała SN z dnia 12 marca 1996 r., I KZP 2/96, OSNKW 1996, nr 3-4, poz. 16
postanowienie SN z dnia 3 grudnia 2001 r., V KKN 67/01, OSNKW 2002, nr 5-6, poz. 36
Related Decisions
AI generatedII K 1198/18
Court convicted defendant of drunk driving while banned, sentencing to 2.5 years prison and lifetime driving ban.
II K 32/21
Court convicted driver for drunk driving, rejecting conditional dismissal due to high fault and social harm.
VII Ka 1005/16
Court dismissed appeal against suspended prison sentence for drunk driving causing a collision.
II K 475/19
Court imposes fine and three-year driving ban for drunk driving with partial defense rejection.
II K 1071/22
Court acquits defendant for driving under influence, ruling intoxication occurred after driving ended.