DIFFICULTIES WITH THE EXECUTION OF THE DRIVING BAN AS A PENAL MEASURE Cover Image

DIFFICULTIES WITH THE EXECUTION OF THE DRIVING BAN AS A PENAL MEASURE
DIFFICULTIES WITH THE EXECUTION OF THE DRIVING BAN AS A PENAL MEASURE

Author(s): Sławomir Żółtek
Subject(s): Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: driving ban; scope of the driving ban; court ruling; unconstitutionality

Summary/Abstract: The regulation of the Criminal Code concerning the penal measure in the form of a driving ban has been repeatedly amended in recent years. This does not change the fact that these regulations cause significant interpretive problems, both in theoretical and practical terms. The execution of the imposed ban also entails significant complications. This issue was the subject of a recent ruling by the Constitutional Tribunal in case SK 23/21, which is what the Author reflects on in this article. In particular, this paper presents an analysis conducted to determine whether the ban imposed by a court in a final and binding judgment can be extended by administrative law.

  • Issue Year: 2023
  • Issue No: 100
  • Page Range: 333-343
  • Page Count: 11
  • Language: English