Criminalization of street racing in the draft amendment to the Polish Penal Code and other acts Cover Image

Kryminalizacja wyścigów ulicznych w projekcie nowelizacji Kodeksu karnego i innych ustaw
Criminalization of street racing in the draft amendment to the Polish Penal Code and other acts

Author(s): Renata Pawlik
Subject(s): History of Law, Criminal Law, Philosophy of Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: traffic crimes; road traffic; consent; intent; manslaughter;

Summary/Abstract: This article discusses the upcoming changes to criminal law, which are intended to improve road safety. In addition to analyzing the changes made to the Polish Penal Code, the author examines the possibility of applying liability for intentional crimes, including manslaughter, to the most serious behaviors that threaten the life and health of road users. This argument is illustrated by an analysis of the so-called 'Berlin case' from 2016, in which a court found a participant in an illegal street race guilty of intentional murder. The arguments regarding the possibility of applying a similar solution in Poland apply particularly to situations in which the perpetrator fails to take any action to protect the fundamental legal rights of road users, which may lead to the belief that they are consenting to the most serious consequences for life and health.

  • Issue Year: 37/2025
  • Issue No: 2
  • Page Range: 319-336
  • Page Count: 18
  • Language: Polish
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