Legislator Case Law & Legislation
V K 97/16 AI generated

Court grants suspended sentence for minor assault in property dispute and orders compensation.

Case Number V K 97/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of intentional injury and imposed a suspended sentence of one year, finding his guilt and social danger were not significant. The defendant argued for leniency based on his lack of prior record and the emotional context of a long-standing property dispute with the victim. The court accepted these factors, ruling that the victim provoked the confrontation by unilaterally altering the shared garden, thus justifying the suspended sentence and the ordered compensation.

Legislator headnote

AI generated

Art. 157 § 2 kk; Art. 66 § 1, 2 kk; Art. 67 § 1, 3 kk: The court may impose a suspended sentence when the offender's guilt and social danger are not significant, considering personal circumstances and the provocation by the victim.

Keywords

AI generated
suspended sentence intentional injury property dispute victim provocation compensation for harm social danger criminal liability

Cited Legislation

AI generated
Art. 157 § 2 kk
Art. 66 § 1, 2 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 628 pkt 1 kpk
Art. 621 § 1 kpk

Cited Case Law

AI generated
Wyr. SA w Katowicach z 23.1.1997 r., II AKa 283/96

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