Znamiona przedmiotowe typu czynu zabronionego z art. 180a k.k. w świetle unijnej zasady wzajemnego uznawania praw jazdy
Art. 180a of the Penal Code in the context of the EU principle of mutual recognition of driving licenses

Summary/Abstract: The aim of the study is to analyse the objective features of art. 180a of the Penal Code in relation to the provisions of the EU Directive 2006/126/EC and the jurisprudence of the Court of Justice, as well as to show that the correct interpretation of the features of the type in question is a pro-community interpretation. The study focuses mainly on the impact of having a foreign driving license at the time of the act on the issue of criminal liability under art. 180a of the Penal Code, which in the described circumstances is related to the issue of mutual recognition of driving licenses. The article compares the national regulations with the relevant EU legislation, based on the analysis of the jurisprudence of the Court of Justice on the interpretation of the provisions of the EU Directive 2006/126/EC. The juridical analysis contained in the article shows a number of premises (resulting from EU law and jurisprudence) from which the criminal liability under art. 180a arises. The article is to constitute the basis for the correct determination of the circle of legal regulations that define the criminal law assessment of the behavior of persons accused of committing a prohibited act under art. 180a and to make the right choice of interpretation of the features of the type under consideration by lawyers.

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