Legislator Case Law & Legislation
II K 24/17 AI generated

Court allows substitution of preventive measure with probationary measure upon request.

Case Number II K 24/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court granted the defendant's request to substitute a preventive measure with a probationary measure. The defendant argued that the original measure was overly restrictive and that probation better served the goal of preventing reoffending. The court agreed, noting that the statutory conditions for probation were met and that the substitution did not compromise public safety.

Legislator headnote

AI generated

Art. 41 ust. 1 k.k.; Art. 42 ust. 1 k.k.: The court may, upon request, substitute a preventive measure with a probationary measure if the conditions for probation are fulfilled and the measure is necessary to prevent reoffending.

Keywords

AI generated
substitution of preventive measure probationary measure criminal procedure law preventive measures court discretion reoffending prevention defendant request

Cited Legislation

AI generated
Art. 41 ust. 1 k.k.
Art. 42 ust. 1 k.k.

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Full text

zaliczenie środka zapobiegawczego na odpowiedni środek probacyjny