Legislator Case Law & Legislation
II K 791/15 AI generated

Court grants exemption from penalty for document removal due to significantly limited criminal responsibility capacity.

Case Number II K 791/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court found the defendant guilty of removing court documents but exempted her from criminal penalty. The prosecution argued for punishment, while the defense highlighted the defendant's severe health issues and family crisis. The court ruled that her significantly limited capacity for judgment at the time justified a complete exemption from sentencing under the law.

Legislator headnote

AI generated

Art. 276 kk; Art. 31§2 kk; Art. 60§7 kk; Art. 39 pkt. 8 kk; Art. 4§1 kk: When a perpetrator's capacity for judgment is significantly limited, the court may exempt them from penalty and impose a public notice measure instead.

Keywords

AI generated
significantly limited capacity exemption from penalty removal of court documents criminal responsibility public notice measure health condition mitigation Kodeks karny

Cited Legislation

AI generated
Art. 276 kk
Art. 31§2 kk
Art. 60§7 kk
Art. 39 pkt. 8 kk
Art. 4§1 kk
Art. 50 kk

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