The Ministry of Justice has issued a statement regarding recent amendments to the Criminal Code, clarifying that the new regulations do not introduce prison sentences for ordinary speeding violations. The provisions apply exclusively to behaviour considered extremely dangerous, posing a real threat to the life or health of other road users. The ministry stresses that any interpretations suggesting criminal liability for typical traffic offences are incorrect.
Article 178d of the Criminal Code: An Offence Only When Three Conditions Are Met
Under the newly added Article 178d of the Criminal Code, a criminal offence can only occur when a driver simultaneously:
- operates a vehicle at grossly excessive speed,
- grossly violates other traffic regulations, and
- exposes another person to a direct danger of losing life or suffering bodily harm.
Only when all three conditions are fulfilled does the conduct constitute a criminal offence. This means that the legislature deliberately restricted criminal liability to exceptionally serious situations, far beyond the scope of ordinary traffic violations.
Extremely Dangerous Driving and Combating Repeat Offenders
The ministry emphasises that Article 178d is one of the legal tools aimed at repeat offenders and individuals who blatantly disregard safety rules. The new provisions are intended to address behaviours that were previously difficult to penalise effectively, despite posing serious risks to the lives of others.
Ordinary speeding – even significantly above the limit – is not punishable by imprisonment. The legislature did not introduce custodial penalties or criminal liability for such violations.
Car Meets Remain Legal – Notification Requirement Still Applies
The statement also addresses the legality of automotive gatherings. The ministry explains that:
- meetings involving more than 10 vehicles remain legal,
- the condition is that they must be reported to the relevant municipality,
- participation in an unreported gathering is punishable only by a minimal fine of 20 PLN,
- only if the event obstructs or disrupts traffic can the fine reach 1,000 PLN.
The new regulations do not change the rules for organising automotive community events; they merely clarify responsibility for situations affecting road safety.
Flexibility of the Provisions and the Role of the Courts
The ministry notes that criminal law – like many other legal fields – uses open-ended terms. Expressions such as “grossly excessive speed” or “gross violation of safety rules” allow courts to assess each incident in its real context.
Courts take into account factors such as:
- road conditions,
- weather,
- traffic density,
- time of day,
- predictability of other road users’ behaviour.
Purpose of the Amendments: Improving Safety, Not Imposing Repression
The Ministry of Justice concludes that the amendments to the Criminal Code are primarily intended to enhance road safety and enable more effective responses to the most dangerous forms of aggressive or reckless driving. They do not concern typical traffic offences such as speeding or improper manoeuvres, which remain governed by the provisions on misdemeanours.
