Object structure
PLMET:

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Title:

Counting the actual period of confiscation of a driving licence towards the period of an imposed driving ban

ORCID:

0000-0003-3130-2389

Subject and Keywords:

driving ban   confiscation of driving licence   penal measure

Abstract:

The author, comparing driving licence confiscation carried out on the basis of Articles 137 § 1 point 1 of The Road Traffic Act with the preventive measure under Articles 276 of the Code of Penal Procedure, consisting in an order to desist from driving a defined type of cars, indicates the existence of a legal gap in the Polish Penal Code, clearly consisting in a lack of regulations concerning counting the actual period of confiscation of a driving licence towards the period of an imposed driving ban. It can be complied at present with analogy of Articles 63 § 2 of the Penal Code. The ruling in this matter should be contained in the sentence Art. 413 § 1 point 2 of the Code of Penal Procedure, and if the sentence does not contain this ruling, then the court takes it up with a resolution at a hearing Art. 420 § 1 of the Code of Penal Procedure.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2014

Date copyrighted:

2014

Identifier:

ISSN 2084-5065   ISSN 0239-6661

Language:

pol   eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 30, 2014, s. 107-116

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg