Beata Kozidrak heard an unfairly low sentence? Lawyer Piotr Schramm explains the court’s decision

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On May 4, the court issued a verdict (not yet legally binding) in the case of Beata Kozidrak, arrested last fall for drunk driving. The singer must pay a fine of 50,000 PLN (200 daily rates of 250 PLN each), as well as 20,000 PLN for the post-prison fund. Kozidrak is also banned from driving for five years. In imposing sentence, the judge took into account mitigating circumstances, including showing remorse, Kozidrak’s previously regulated lifestyle and artistic merits.

The last of the points in particular caused considerable public outcry. The voice on this was taken, among others, by Ilona Łepkowska, who is of the opinion that the sentence is too weak, and “Mrs. Beata Kozidrak is not Herbert, Miłosz, not Andrzej Wajda”. Plejada has requested a comment from Edyta Górniak’s former partner, lawyer Piotr Schramm, who explains that the judgment fully complies with the letter of the law.

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Lawyer Piotr Schramm explains the judgment in the Beata Kozidrak case

In an interview with Pleiada, the lawyer explained what the driving ban imposed on her means in practice for Kozidrak. It turns out that the singer will not be able to just get behind the wheel after five years.

Recall that since the accused (if the judgment becomes final) will not have the right to drive a car for five years, she will also have to finish, in accordance with art. 49 of the Vehicle Operators Act, another theoretical and practical exam for a driving license – says Piotr Schramm.

The lawyer also pointed out that considering Beata Kozidrak’s lifestyle to date – including her many years of artistic work – was a necessity for the court, resulting from the settlement.

The judgment rendered results from the court’s obligation to comply with the law. We are talking here, among other things about art. 53 par. 2 of the Penal Code Act. This is a mandatory provision for a court which, when pronouncing a sentence, takes into account in particular the motivation and behavior of the perpetrator, the type and extent of the negative consequences of the offense, as well as the characteristics and personal conditions of the author. It also takes into account the way of life before committing a crime and the behavior after it has been committed, and in particular, the efforts to repair the damage or compensate in another form the social sense of justice – explains the ‘lawyer.

Piotr Schramm points out that it was also important for the court that Beata Kozidrak had no conflict with the law before, she had a driving license for 40 years, and also expressed her regrets and apologized to the public, posting a statement on Instagram shortly after the infamous event. The lawyer points out that these premises could have had an impact on the lower sentence.

In summary – Ms. Kozidrak admitted to committing the act, publicly apologized, expressed regret and remorse, the court sentenced her (still not final) for an offense specified in the Penal Code, finding her guilty and imposing a fine of PLN 50,000. PLN, the obligation to pay another 20,000. PLN for a specific social purpose and deprived of the license to drive a car for five years (which is combined with another exam) – summarizes Schramm.

He correctly took into account facts such as the defendant’s prior clean criminal record, the period of possession of a driver’s license of 40 years, the absence of any conflict with the law during this period, the present regulated way of life, including the indisputable artistic achievements of the accused, her contribution to Polish music and culture – he adds.

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The crime committed by Kozidrak carried a maximum prison sentence of five years. As Piotr Schramm explains, in such a case, the court could only impose a prison sentence if another sentence did not meet the objectives. In an interview with Plejada, the lawyer also assured that neither Beata Kozidrak nor anyone else could count on special treatment due to the absence of previous conflicts with the law or artistic achievements.

In no case, but their punishment for the same offense will be milder than that inflicted on repeat offenders or those who, throughout their lives, constantly violate the legal order, applicable social norms or violate applicable regulations. Straight hard, but straight – emphasizes Schramm.

Beata Kozidrak’s sentence is not final. According to the portal, the prosecutor’s office has requested a heavier sentence and is preparing to appeal the court’s decision. The public prosecutor asked for a restriction of freedom of ten months to perform unpaid work for social purposes, ie 30 hours per month.

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