Many drivers convicted of drink driving focus on the disqualification and the principal penalty, without realising that a further serious financial obligation awaits them: a mandatory financial contribution to the Fund for Assistance to Victims. Its level can come as a surprise – and it is worth understanding how courts set it.
What the Financial Contribution Is and Why It Is Mandatory
Article 43a § 2 of the Criminal Code requires the court to order a financial contribution to the Fund for Assistance to Victims and Post-Penitentiary Assistance in every case resulting in a conviction for the offence under Article 178a § 1 of the Criminal Code. The contribution is not technically a penalty but a penal measure – its financial burden, however, is entirely real.
The statutory limits are a minimum of PLN 5,000 and a maximum of PLN 60,000. The court cannot order an amount below PLN 5,000, regardless of the circumstances of the case.
A Case from the Courts
The District Court in Wągrowiec in its judgment of 3 February 2021 (case ref. II K 412/20), convicting a driver of operating a vehicle with a blood alcohol concentration of between 2.9 and 3.1 per mille, ordered a financial contribution of PLN 6,000. The court simultaneously waived the court costs, which indicates that the defendant’s difficult financial circumstances were taken into account.
It is worth noting that at such a high alcohol concentration, PLN 6,000 is close to the statutory minimum. This illustrates that financial circumstances and other mitigating factors can influence the level of the contribution – though not below the PLN 5,000 threshold.
What Determines the Level of the Contribution
Courts take into account primarily the alcohol concentration – a higher concentration translates to a higher contribution. The circumstances of the incident also matter: causing a collision or accident results in a higher amount. Factors that work in the defendant’s favour include admitting guilt, expressing genuine remorse and a previously unblemished record.
Analysis of case law suggests broad indicative ranges. At concentrations of 0.5–1.0 per mille, courts most commonly order amounts in the region of PLN 5,000–7,000. At 1.0–1.5 per mille – typically PLN 7,000–10,000. At higher concentrations the amounts increase, though individual circumstances can modify these tendencies. Differences between courts can be significant – which is why active engagement by the defence during the proceedings matters so much.
Can the Contribution Be Reduced?
Avoiding the contribution entirely is not possible – it is mandatory and has no exceptions. PLN 5,000 is certain in every conviction under Article 178a § 1 of the Criminal Code.
What is possible, however, is pursuing an outcome as close to the statutory minimum as possible. Admitting guilt, expressing remorse, applying for a voluntary submission to sentence and documenting difficult financial circumstances – all of these can encourage the court to select an amount from the lower end of the scale.
A contribution ordered at a higher level can be challenged on appeal, where the court failed to adequately justify its choice of amount or overlooked significant circumstances. Experience from our practice shows that in some cases an appeal has successfully reduced the amount ordered.
Payment by Instalments
Where a single payment is not possible due to the defendant’s financial situation, an application for payment by instalments can be submitted to the court that issued the first-instance judgment. The basis is Article 206 of the Executive Criminal Code. The application should be supported by documentation confirming the difficult financial position – income certificates, documents relating to financial obligations.
Where the Money Goes
Funds paid into the Fund for Assistance to Victims and Post-Penitentiary Assistance are used to provide material, psychological and legal assistance to victims of crime and to support organisations working with those who have been harmed. Awareness of this purpose does not reduce the financial burden, but demonstrates that the contribution is not merely a sanction – it also serves a genuine social function.
Contact Us
The financial contribution is an element of the criminal case worth thinking about at the defence stage – before judgment is handed down. The sooner a lawyer becomes involved, the greater the prospect of the court ordering an amount at the lower end of the statutory scale.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
