Legislator Case Law & Legislation
II K 1324/16 AI generated

Journalist acquitted of trespassing for not leaving clinic against clear demand; victim's behavior deemed ambiguous.

Case Number II K 1324/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, a journalist, of the charge of remaining in a clinic against the wishes of authorized persons. The prosecution argued the victim repeatedly demanded she leave, but the court found the victim's actions—such as handing over her phone and continuing the discussion—indicated an implicit agreement to stay until the matter was resolved. Consequently, the court determined the defendant did not fulfill all elements of the crime, leading to a not-guilty verdict and state payment of costs.

Legislator headnote

AI generated

Art. 193 k.k.; Art. 17 § 1 pkt 2 k.p.k.; Art. 414 § 1 k.p.k.; Art. 632 pkt 2 k.p.k.: The court established that a criminal act is not completed if the victim's demand to leave is ambiguous or contradicted by subsequent conduct indicating consent to remain.

Keywords

AI generated
trespassing against will implicit consent ambiguous demand journalistic access unanimous acquittal

Cited Legislation

AI generated
Art. 193 k.k.
Art. 17 § 1 pkt 2 k.p.k.
Art. 414 § 1 k.p.k.
Art. 632 pkt 2 k.p.k.
art. 193 k.k
art. 632 pkt 2 k.p.k
art. 17 § 1 pkt 2 k.p.k
art. 414 § 1 k.p.k

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