VIII K 646/16
AI generated
Court convicted defendant of assaulting police officer, rejecting insult charge due to lack of intent.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of assaulting a police officer and imposed a ten-month prison sentence. The prosecution alleged assault, insult, and obstruction, but the court found the spitting act constituted only assault because the defendant lacked the specific intent to insult. The court rejected the cumulative charge of insult, noting the defendant's reaction to gas and the location of the spitting indicated a sole aim to violate bodily integrity.
Legislator headnote
AI generatedArt. 222 § 1 kk; Art. 226 § 1 kk: When an act of spitting violates bodily integrity without direct intent to insult, it constitutes assault under Art. 222 § 1 kk rather than insult under Art. 226 § 1 kk, precluding cumulative qualification.
Keywords
AI generated
assault police officer
intent to insult
cumulative qualification
bodily integrity
criminal intent
spitting incident
prison sentence
Cited Legislation
AI generatedArt. 222 § 1 kk
Art. 226 § 1 kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 224 § 2 kk
Art. 224 § 1 kk
Art. 64 § 1 kk
Art. 624 § 1 kpk
Art. 17 ust. 1 Ustawy o opłatach w sprawach karnych
art. 226 k.k
Cited Case Law
AI generatedII K 39/11