Lifetime ban on driving any motor vehicles SK 22/21
Ref. No. SK 22/21
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 4 June 2024
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Zbigniew Jędrzejewski
Justyn Piskorski – Judge Rapporteur
Michał Warciński
Andrzej Zielonacki,
having considered, at a sitting in camera on 4 June 2024 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Ms A.W.’s constitutional complaint lodged with the Constitutional Tribunal to examine the conformity of:
Article 42(3) of the Criminal Code of 6 June 1997 (Journal of Laws – Dz. U. No. 88 item 553, with subsequent amendments) – as amended by Article 1(1) of the Act of 20 March 2015 amending the Criminal Code and certain other acts (Journal of Laws – Dz. U., item 541) – with Article 45(1) in conjunction with Article 42(3), Article 10(1), Article 173 and Article 175(1) of the Constitution,
adjudicates as follows:
Article 42(3) of the Criminal Code of 6 June 1997 (Journal of Laws – Dz. U. of 2024, item 17) – as amended by Article 1(1) of the Act of 20 March 2015 amending the Criminal Code and certain other acts (Journal of Laws – Dz. U., item 541), insofar as it obliges the competent court to impose a lifetime ban on driving any motor vehicles in the event of the commission of the criminal offence specified in Article 178a(4) of the Criminal Code – is inconsitent with Article 45(1) in conjunction with Article 42(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Krystyna Pawłowicz
Zbigniew Jędrzejewski
Justyn Piskorski
Michał Warciński
Andrzej Zielonacki