Driving disqualification Cover Image

Zakaz prowadzenia pojazdów mechanicznych
Driving disqualification

Author(s): Dorota Mieczkowska
Subject(s): Criminal Law, Penology
Published by: Oficyna Wydawnicza KA AFM
Keywords: communication crime; driving ban; amendments to the Criminal Code; art. 42 § 3 and 4 k.k.; coherence of criminal law;

Summary/Abstract: This article presents a driving ban in the context of the amendments of the Criminal Code from 1997. The changes concerning the penal measure have tightened criminal responsibility by introducing, among other a driving ban imposed on forever (art. 42 § 3 and 4 k.k.) and which led to increase of the number of legal grounds for adjudication under a mandatory ban. Obligatory character of the penal measure adversily affects the freedom of decision of the court leading to automatic and schematic delivering judgement. Regulations of de facto lifelong driving ban is inconsistent with other provisions of the Criminal Code, including possibility of seizure of conviction (art. 107 § 6 k.k.).

  • Issue Year: 14/2014
  • Issue No: 1
  • Page Range: 123-142
  • Page Count: 20
  • Language: Polish