Zaliczenie okresu zatrzymania prawa jazdy na poczet zakazu prowadzenia pojazdów mechanicznych
Counting the actual period of confiscation of a driving licence towards the period of an imposed driving ban
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.