The amendment to the Penal Code will introduce the possibility of confiscating a driver's vehicle. Under the amendment, driving under the influence of alcohol and in other situations specified in the Act will be subject to confiscation of the vehicle.
The court will obligatorily order the confiscation of a vehicle in three situations:
- the driver caused the accident while intoxicated,
- the driver drove under the influence of alcohol for the second time within 2 years,
- the driver caused an accident and fled the scene – this also applies to sober drivers.
In the above-mentioned cases, it is not possible to waive the confiscation of the vehicle.
If one of these three cases occurs:
- first, the Police will temporarily detain the vehicle for a period of up to 7 days,
- then the vehicle will be secured by the prosecutor,
- After conducting court proceedings, the Court will order the confiscation of the vehicle.
What if we weren't driving our own car?
If the vehicle used by the perpetrator was not his property (e.g. it was a leased car, a company car), the court will obligatorily order the forfeiture of the value of the vehicle .
The value of the car will be determined based on:
- AC insurance – the value of the vehicle indicated in the insurance policy will be taken into account,
- in the absence of comprehensive insurance – the average value of the vehicle will be taken into account based on publicly available data,
- If it is not possible to estimate the average value of the vehicle, the value of the vehicle will be determined based on an expert opinion.
What if a crime is committed by a professional driver?
If the crime is committed by a professional driver performing professional duties for an employer, vehicle forfeiture will not apply. In such a situation, the driver will only be subject to a fine of at least PLN 5,000 paid to the Victim Assistance Fund and the Post-Penitentiary Assistance Fund.
Since when do the new regulations apply?
The new regulations will come into force on March 14, 2024.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 8, 2023
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