TY - JOUR
TI - The problem of distinguishing between the type of criminal act under Article 178a § 1 of the Criminal Code and Article 87 § 1 of the Misdemeanor Code
AU - Skowron, Andrzej
TI - The problem of distinguishing between the type of criminal act under Article 178a § 1 of the Criminal Code and Article 87 § 1 of the Misdemeanor Code
AB - The problem of distinguishing between elements of the type of criminal act under Article 87 § 1 of the Misdemeanour Code and Article 178a § 1 of the Criminal Code is one of the more controversial ones due to the lack of a clear indication of the criterion for the distinction between the two. Departing from the previous view of the impossibility of determining whether the act of driving a motor vehicle under the influence of a psychoactive substance other than alcohol bears the attributes of a crime or a misdemeanour, the author presents the concept of distinguishing between the two types of criminal acts on the basis of the evaluation of all the evidence, while restricting the scope of evidence produced by expert witnesses.
VL - 2024
IS - 2/2024
PY - 2024
SN - 1505-3520
C1 - 2956-3631
SP - 7
EP - 18
DO - 10.4467/15053520PnD.24.005.20261
UR - https://ejournals.eu/en/journal/paragraf-na-drodze/article/problem-rozgraniczenia-znamion-typu-czynu-zabronionego-z-art-178a-ss-1-k-k-i-z-art-87-ss-1-k-w
KW - Driving a vehicle
KW - a psychoactive substance other than alcohol
KW - state after using a drug with a similar effect to alcohol
KW - a state under the influence of a drug
KW - toxicological opinion