Legal and criminological considerations of traffic crashes Cover Image

Prawno-kryminologiczne rozważania na temat katastrof w ruchu drogowym
Legal and criminological considerations of traffic crashes

Author(s): Aneta Łyżwa
Subject(s): Criminal Law, Criminology, Penal Policy
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: law; road crash; investigation; preservation of evidence; visual inspection; physical evidence; traces;

Summary/Abstract: The presented article aimed to present, in selected aspects, the problem of traffic accidents from the legal and criminological perspective. The study consists of two content layers, i.e. dogmatic part and case study. Showing the essence of the offence under Article 173 of the Penal Code, it was necessary to characterize its features. Then, the author went on to discuss the most important evidentiary activities carried out by the trial authorities at the stage of the investigation, placing particular emphasis on the issue of inspection of the scene of the crime and securing material evidence of key importance for detection purposes – including tachographs from trucks and the so-called “black boxes” from passenger vehicles. Bearing in mind the complicated nature of evidence proceedings conducted by law enforcement authorities as a result of the occurrence of the crime in question, postulates of solutions aimed at improving the efficiency of procedural activities (usually under the procedure of Article 308 of the Code of Criminal Procedure) were proposed. Considerations have been enriched by the study of the case of a road crash in Nowe Miasto nad Pilicą, which was made based on the analysis of materials collected in the files of the investigation carried out in this case.

  • Issue Year: 2021
  • Issue No: 54
  • Page Range: 333-353
  • Page Count: 22
  • Language: Polish