Monitor Prawniczy
no. 24/2022
Forfeiture of a motor vehicle in light of the amendment to the Penal Code
DOI: 10.32027/MOP.22.24.1
Autor jest asesorem sądowym w Sądzie Rejonowym w Kielcach; ORCID: 0000-0002-0929-6093.
Abstract
The article deals with issues related to the adopted changes in the Penal Code regarding introduction of a new type of forfeiture of a motor vehicle. The amendment provides for forfeiture to be obligatory in two cases, i.e. in the event of committing the offense referred to in Art. 178a or Art. 178 § 3 of the Penal Code;, however, in the latter case, the court may refrain from such order. This issue has already been discussed in jurisprudence on the basis of the previous legal situation, and several legislative initiatives have been put forward in this regard. Nevertheless, the new solutions raise justified doubts as to their purposefulness and proportionality.