Monitor Prawniczy

no. 21/2020

Practical problems associated with preparatory proceedings in cases concerning tampering with the odometer (Art. 306a of the Penal Code)

DOI: 10.32027/MOP.20.21.3
Błażej Boch
Autor jest doktorantem w Katedrze Postępowania Karnego WPAiE Uniwersytetu Wrocławskiego oraz aplikantem prokuratorskim KSSiP. ORCID: 0000-0002-2911-463X.
Abstract

In the article, the author discusses the first practical problems associated with conducting investigations in cases of offences under Art. 306a of the Penal Code. The analysis begins with a brief presentation of changes introduced to the Penal Code and the Road Traffic Act. Then, consideration is given to ratio legis and the subject matter of the odometer tampering offence. The text draws attention to practical problems related to the need to conduct such cases in the form of a prosecutor’s investigation rather than a police investigation, as well as to numerous difficulties of an evidentiary nature. The author analyses the possibility of establishing the perpetrator of such acts, as well as proving their guilt. Hereinabove deliberations lead the author to formulating final conclusions and putting de lege ferenda proposals.