Court reduced fine for seatbelt violation due to automatic seatbelt mechanism failure and witness credibility.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially allowed the defendant's appeal, reducing the fine from 300 to 100 zloty while upholding the conviction. The defendant argued that witness testimony regarding the seatbelt's position was unreliable due to the automatic retraction mechanism, but the court found the witnesses' close proximity to the vehicle and the car's age made their observations credible. Consequently, the court determined the original finding of guilt was correct but adjusted the penalty to a lower, adequate fine.
Legislator headnote
AI generatedArt. 97 k.k.; Art. 437 § 1 k.p.k.; Art. 438 pkt 4 k.p.k.; Art. 109 § 2 k.p.w.; Art. 624 § 1 k.p.k.; Art. 119 k.p.w.; Art. 10 ust. 1 ustawy o opłatach w sprawach karnych: An appeal against a conviction for a minor offense may result in a reduction of the penalty if the court finds the original fine excessive, even when the factual findings of guilt remain valid.