Journalist acquitted of trespassing for not leaving clinic against clear demand; victim's behavior deemed ambiguous.
Legislator summary
AI generatedThe 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 generatedArt. 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.