Legislator Case Law & Legislation
SS-3315/2008-LYN ECLI:DK:LYN:2024:SS0000000019 AI generated

Court dismissed assault charge where victim consented to the physical contact during a consensual fight.

Case Number SS-3315/2008-LYN
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the prosecution's charge of assault against the defendant for physical contact during a consensual fight. The victim testified that the defendant struck them, but the court found the contact occurred within a mutual altercation where the victim did not resist. Consequently, the court ruled that the defendant's actions lacked the necessary intent for criminal assault under the relevant statute.

Legislator headnote

AI generated

Straffelovens § 244; When physical contact occurs during a consensual fight without resistance or intent to harm, the act does not constitute criminal assault.

Keywords

AI generated
criminal assault consensual fight lack of intent victim consent Straffelov § 244

Cited Legislation

AI generated
Straffelovens § 244

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Tiltale for vold efter straffelovens §244