Driving Ban Questioned

Fighting the Fight

Fighting the Fight (c) S. Kaminski

According to the Helsinki Foundation for Human Rights, driving license bans for exceeding a speed limit of 50 km/h in a built-up area violates the Constitution. There are already many arguments supporting the argument that it is for the Constitutional Tribunal to decide what sentence to impose in these circumstances. Firstly, revoking taking away someone’s license is tantamount to giving someone an administrative penalty, which is imposed together with other penalties determined in the Highway Code. Dr Marcin Warchoł, an expert in criminal law from the University of Warsaw says that by punishing someone both administratively and criminally violates the ne bis in idem rule, i.e. someone cannot be punished twice for the same offense. This itself violates the Constitution.


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