Przestępstwo prowadzenia pojazdu w stanie nietrzeźwości – wybrane aspekty prawnokarne i kryminologiczne

Abstract

Until 2001 driving under influence was only a petty offence but an Act of April 14, 2000, introduced art. 178a, which penalizes driving a vehicle in a state of inebriation, into Polish Penal Code. One of the consequences was a dramatic increase in number of traffic offences and as a result, increased number of crime in general. Statistics show that this offence is very common and there are many problems connected with it. In the paper the author analyses this offence, as well as discusses two highly disputable matters, both of them involve drunk cyclists. First is the sentence of the Constitutional Tribunal of April 7, 2009, which ruled that art. 178a § 2 (penalizes drunk cycling) of Penal Code is not contradictory to Polish Constitution. Second one is whether a bicycle ridden by a drunk cyclist who committed an offence under art. 178a § 2 of Penal Code should be treated as an offence tool, and whether it is acceptable for a court to impose forfeiture of such a vehicle. In the last part of the paper the author comments on changes in art. 178a proposed by deputies.