Perhaps some readers (a and the same author) happened to trip public transportation without a valid ticket. Up to now, if it was determined to stow, to avoid penalties, accordance with the law he was not much can be done. Although inspectors vested right to identity documents of persons refusing to pay fine, however, did not have any means of, to its right to enforce. They could also stop that person until the arrival of police. Recipe art. 33to ust. 4 Item 2 transport law provided only, that in case of refusal to pay claims and to establish the identity of the traveler, controller to ask the police officers and other law enforcement bodies authorized to determine the identity of persons to take steps to establish the identity of the traveler. Of course, the arrival of the police usually have to wait.
So what could make the controller, if the stowaway decided he had to move away from the scene? Unfortunately - in most cases could not do absolutely nothing. He had not even the benefit of the institution called. approach involving the civil, that under art. 243 § 1 Code of Criminal Procedure in conjunction. of art. 45 § 2 Code of Conduct in misdemeanor cases everyone has the right to arrest the person in the act or misconduct in the pursuit taken immediately after the commission of the offense, if there is a fear of hiding this person or you can not determine its identity. The problem is that, that according to Article. 121 Code for a misdemeanor offense can be considered only the case, when someone is traveling without a valid ticket for the third time within one year (after double punishment by a fine). Rare and include situations, when someone is caught driving without a ticket three times in one year. So when riding without a ticket, as a rule was not an offense, the offender could only recognize the Police. Civil Law spokesman confirmed, moreover, clearly, in practice that the controller has no power to free riders, and cases of detention of the passenger by the auditors could therefore be treated as unlawful deprivation of liberty.
On 1 mark 2011 r. situation has changed – on this day came into force introducing traffic rights to the Act m.in. art. 33to ust. 7 Item 2. It is, that in case of failure to pay debts and produce the document that would enable the identity of the passenger without a ticket, controller has the right to recognize travel and return it immediately to the police or other authorities having the right to order the traveler to stop and take steps to establish his identity. The passenger has in this case, the obligation to remain in place checks or other indicated by the controller.
Moreover, the Act added two criminal provisions - art. 87a i 87b. The first provides for a fine for traveling without a ticket for refusing to pay claims and present an identity that would enable. The second provides also a fine for moving away from a designated place until the arrival of the police officer or other competent services.
The changes proved to be so controversial, that Helsinki Foundation for Human Rights on 04.03.2011 r. asked the Minister of Infrastructure of the serious allegations against the current regulation, indicating m.in. the vagueness of the term "shot" and stating, that approach has so far been possible only in matters of crime or heavier species. With all my respect for the Helsinki Foundation I, that this time their position contains a serious error. As pointed out above,, Civil recognition is possible not only for offenses but also offenses. Even up to now there was more opportunity to approach a person in flagrante delicto, that such. stolen from the store merchandise with a value below 250 zł even roll with a value of tens of cents (Such theft is an offense). It is difficult to recognize, that civil liberties as a result of the revision of traffic rights are affected to a greater extent than previously.
It should be noted, that when added to the traffic rights of those criminal provisions were unnecessary even to type the right controller to include a passenger who refuses to pay the penalty and show an identity document. Since the refusal to pay and the production of the document is now an offense to, controller - as indeed any other citizen - has a right to such passenger in the act as the offender, to concerns about the impossibility of identifying.
In this situation, there is therefore nothing else than to travel with a valid ticket.
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