Quasi-przepadek pojazdu mechanicznego w znowelizowanym Kodeksie karnym
Quasi-Forfeiture of a Motor Vehicle in the Amended Criminal Code
Author(s): Jakub StępieńSubject(s): Criminal Law, Penal Policy
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: criminal law; forfeiture of a motor vehicle; crimes against traffic safety; forfeiture of a value equivalent to a motor vehicle; penal populism;
Summary/Abstract: The article discusses the forfeiture of a motor vehicle in case of of alcohol and drug-related traffic offenses (Article 44b of the Polish Criminal Code), introduced by the amendment to the Criminal Code of July 7, 2022. Based on European and Polish police statistics, the author assesses the legitimacy of introducing this type of institution to Polish criminal law. The article also contains profound critique of the Article 44b, with an indication of its unconstitutionality and the fact that it is not a forfeiture but a hiddencriminal sanction of an arbitrarily applied nature. The text also indicates legislative errorsin the introduction of new regulations and analyzes the justification for the amendment’s project, which leads to the conclusion that the amendment is populist.
Journal: Czasopismo Prawa Karnego i Nauk Penalnych
- Issue Year: 27/2023
- Issue No: 2
- Page Range: 87-105
- Page Count: 19
- Language: Polish
