Legislator Case Law & Legislation
II K 168/16 AI generated

Court sentenced defendant to 3 years prison for attempted extortion and assault, rejecting probation due to high risk.

Case Number II K 168/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of attempted extortion and assault, imposing a sentence of three years in prison. The prosecution argued that probation was inappropriate due to the defendant's violent history and lack of positive criminological prognosis. The court agreed, ruling that the harsh penalty was necessary to achieve individual prevention and satisfy public justice.

Legislator headnote

AI generated

Art. 69 § 1 kk; Art. 69 § 2 kk; Art. 63 § 1 kk; When the combined penalty exceeds the threshold for probation and the defendant lacks a positive criminological prognosis, the court must impose immediate execution of the sentence to ensure individual prevention and social justice.

Keywords

AI generated
attempted extortion assault with intent combined penalty probation rejection individual prevention victim compensation approach distance ban

Cited Legislation

AI generated
Art. 69 § 1 kk
Art. 69 § 2 kk
Art. 63 § 1 kk
Art. 57a § 2 kk
Art. 41a § 1 kk
Art. 41a § 4 kk
Art. 387 § 1 kpk
Art. 627 kpk

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