Legislator Case Law & Legislation
VII K 302/13 AI generated

Court acquits two medical staff for negligence causing fetal death due to lack of specific victim identification.

Case Number VII K 302/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted two medical professionals of negligence charges resulting in the death of one fetus. The prosecution argued that both the duty-of-care nurse and the head of the department failed to perform necessary tests and transfer the patient to a higher-level hospital. The court ruled that criminal liability under the relevant article requires identifying a specific individual victim facing a direct threat, which was not established in this case.

Legislator headnote

AI generated

Art. 160 § 3 kk w zw. z art. 160 § 2 kk; Criminal liability for negligence requires the identification of a specific individual victim facing a direct threat to life or health, as the legal consequence is characterized by individual danger rather than abstract risk.

Keywords

AI generated
negligence in medical care fetal death criminal liability specific victim identification indirect harm criminal law medical duty of care criminal negligence standard procedural acquittal

Cited Legislation

AI generated
Art. 160 § 3 kk w zw. z art. 160 § 2 kk
Art. 632 pkt 2 k.p.k.
Art. 616 § 1 pkt 2 k.p.k.
art. 632 pkt 2 k.p.k
art. 616 § 1 pkt 2 k.p.k
art. 160 § 3 k.k
art. 160 § 2 k.k
art. 160 k.k

Cited Case Law

AI generated

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