Zmarł Aleksander Głazek
Aleksander Głazek has died
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Tomasz Huminiak
Glosa do wyroku Sądu Najwyższego z dnia 11 września 2008 r., sygn. IV KK 282/08, w sprawie pojęcia osoby niemającej uprawnień do prowadzenia pojazdu
Commentary on the verdict of the Supreme Court of 11 September 2008, Ref. No. IV KK 282/08, in the matter of the concept of a person who is not authorised to drive a vehicle
Abstract
The author takes a critical view of part of the verdict of the Supreme Court - Criminal Law Division and Military Chamber of 11 September 2008, Ref. No. IV KK 282/08, containing a commentary on the concept of "a person who does not have authorisation to drive a vehicle" as understood in Art. 94 § 1 Petty Offences' Code, in a situation of confiscation of driving licence, in the period of its confiscation, and also in a period longer than a year after the date of confiscation, as long as the driving licence was not issued after fulfilment of a requirement from Art. 114 Section 4 of "the Road Traffic Act". He expresses the opinion that the driver does not lose his/her right to drive vehicles defined in the driving licence in any of these situations. He claims that by the same token, in the situation of disclosing that the driver was driving a vehicle in the category defined in the apprehended document, s/he cannot bear responsibility under Art. 94 § 1 Petty Offences' Code, but only under Art. 95 Petty Offences' Code.
Key Words
Driving vehicles, confiscation of driving licence, loss of authorisation to drive, administrative decision.
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Aleksander Herzog
Problematyka komunikacyjna w ostatnich orzeczeniach Sądu Najwyższego
Traffic issues in recent rulings of the Supreme Court
Abstract
The author presents the latest rulings of the Supreme Court concerning legal issues linked with road traffic. They concern the impossibility of ruling that a vehicle that was being driven by the perpetrator of an offence (crime) should be forfeited under Art. 178a § 1 Penal Code (drink driving) and also the issue of whether a perpetrator, who was drunken drink and causing a traffic accident, has committed one or two offences (crimes) (under Art. 178a § 1 Penal Code and Art. 177 § 1 or 2 Penal Code in conjunction with Art. 178 Penal Code). The Supreme Court also indicated that the period of actual confiscation of the document authorising driving of a vehicle, applied on the basis of Art. 173 of the "Road Traffic Act" counts towards the period of the driving ban.
Key Words
Forfeiture of motor vehicle, penal measure, drunken driving, road accident, confiscation of driving licence.
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Lech K. Paprzycki
Sprawa o wypadek drogowy z oskarżenia osoby pokrzywdzonej
A case concerning a road accident in which the indictment was filed by the injured party
Abstract
The subject of the paper is an analysis of procedure concerning a road accident, in which an indictment was filed on the basis of Art. 55 Code of Criminal Procedure by the injured party, as a subsidiary prosecutor. Infringements are indicated: inclusion by persons conducting preparatory proceedings of an expert opinion by a medical doctor as to the state of health of the injured person, an opinion in the field of reconstruction of road accidents, and infringements by procedural organs when making formal decisions - ending preparatory proceedings with dismissal and judicial proceedings with an injunction.
Key Words
Subsidiary complaint in a criminal trial, opinion of an expert medical doctor, opinion in the field of reconstruction of road accidents, assessment of evidence, left turn, overtaking.
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Wojciech Wach
Symulacja ruchu osób wewnątrz samochodu. Część 1: zderzenie, wielobryłowy model wnętrza
Simulation of the passengers' movement in the vehicle interior. Part 1: crash and the multi-body interior model
Abstract
The correlation between the injuries of the driver and passengers and possibilities of receiving them during the road accident is a crucial task of reconstruction, especially in the case of doubts concerning the actual driver person. In the article the simulation of the persons' movement in the car interior during the collision in PC-Crash program has been presented, which can be an approach to facilitate problem-solving. A multi-body model of the interior has been applied.
Key Words
Simulation, biomechanics.
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Blanka J. Stefańska
Skutki odmowy poddania się badaniu na obecność alkoholu we krwi w ustawodawstwie Hiszpanii
Results of refusing to submit to a blood alcohol test in Spanish legislation
Abstract
The subject of the article is an analysis of Spanish legislation in the area of driving under the influence of alcohol or intoxicant. In Spain, driving a vehicle under the influence of alcohol is prohibited, but there are various permissible thresholds of its concentration, depending on the type of driven vehicle or duration of possessing a driving licence. Driving a motor vehicle under the influence of alcohol or intoxicant constitutes an offence (crime) under Art. 379 § 2 of the Spanish Criminal Code. The driver of the vehicle is obliged to subject him/herself to a test for content of alcohol or substance of abuse in the organism, and refusal to submit to a test constitutes an offence defined in Art. 383 of the Spanish Criminal Code.
Key Words
Alcohol, test, refusal to submit to a test, intoxicant.
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Wojciech Kotowski
Ręce opadają!
It's hopeless!
Abstract
The author very critically assesses the decision of a court in the matter of a road accident, which followed after abortive motions to penalise, originating from explanatory proceedings incompetently executed by the police. On the basis of this incident, the author reflects regretfully that the lack of appropriate training of police officers - whose aim is to consolidate the ability to correctly interpret fundamental principles of road safety by police officers - leads to formulation of incorrect motions to penalise, whilst lack of intellectual activity of the adjudicating organ magnifies these mistakes and results in an unjust verdict.
Key Words
Accident, particular care, analysis, decision.
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