In fresh times, the media has discussed the 33-year-old citizen of Ukraine, Yaroslav Y., who despite a four-time ban on driving, caused a road accident. According to ‘Rzeczpospolita’, the territory Court of Krasnystaw issued 4 non-driving judgments against him within 5 months. However, each time he limited himself to imposing a fine a man did not pay alternatively of applying a more severe prison penalty.
Analysis of the legal situation
Prohibitions of driving
In the Polish legal strategy for driving despite a court order, there is simply a punishment of up to 3 years in prison. The ‘Rzeczpospolita’ points out that Yaroslav Y. could have been sentenced to a ruthless prison the second time, but the court limited itself to fines.
Under the law, any violation of a driving ban is simply a serious crime which usually meets severe consequences. According to the Criminal Code (Article 244 KK), driving despite a court order is simply a criminal offence punishable by imprisonment of up to 3 years.
Independence of the court
In consequence to the questions ‘Rzeczpospolita’, the territory Court of Krasnystaw stressed that the size and kind of punishment in each case was determined by an independent court. As noted: "The nature and nature of the penalties in each case – I would like to emphasise that they are imposed by an independent court, while the president of the Court of First Instance is not entitled to review and give opinions on judgments."
Effects of failure to enforce judgments
The Yaroslav Y. case became public after a man caused an accident on the Lublin-Bychawa route, in which 1 of his children suffered a broken leg. DCI Kamil Gołębiowski of the Municipal Police office in Lublin reported: "He got behind the wheel of the car despite having 4 active court bans".
The problem of crime among foreigners
Statistics and analysis
Rzeczpospolita emphasizes that the problem of driving after alcohol and breaking court bans is peculiarly visible among foreigners residing in Poland. Last year, they committed over 17,000 crimes. The most common offences concern drunk driving, which frequently leads to violations of court orders. statistic show that the most crimes were committed by Ukrainian citizens (more than 50% of foreigners with allegations), Georgians (more than 2.7 thousand) and Belarusians (more than 1,000 people).
Immigrant impunity
According to experts, any immigrants feel unpunished in Poland. This is due, among others, to the deficiency of adequate sanctions for violation of the law. The number of abroad drivers who broke the court bans imposed most frequently on alcohol driving increased by 83% last year.
Conclusion
The Yaroslav Y case points to the request for a more decisive approach to enforcing driving bans and punishing them for breaking them. It is crucial that courts apply severe penalties that effectively deter from breaking the law. In addition, actions are needed to improve legal awareness and compliance among foreigners residing in Poland.
Summary
The case of Yaroslav Y. and another akin situations indicates the request to revise criminal policy against foreigners breaking the law in Poland. More effective enforcement measures are needed for judicial prohibitions and a more restrictive approach to those who are notoriously breaking the rules. Only in this way can road safety be ensured and respect for Polish law enforced.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
Continued here:
The scandalous conduct of the court! Road pirate from Ukraine 4 times fined
