Legislator Case Law & Legislation
VII K 329/16 AI generated

Court dismissed criminal charges for minor property damage due to negligible social harm and personal conflict.

Case Number VII K 329/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed criminal proceedings against T.S. for intentionally damaging a sidewalk, ruling the act lacked sufficient social harm to constitute a crime. Although the defendant destroyed paving slats worth 3,700 PLN, the court found the damage resulted from a long-standing personal dispute and was exacerbated by the victim's failure to follow building regulations. Consequently, the prosecution was terminated under the provision for negligible social harm, and the defendant was ordered to pay the victim's legal costs.

Legislator headnote

AI generated

Art. 1 § 2 kk; Art. 115 § 2 kk; Art. 17 § 1 pkt. 3 kpk: A criminal act may be deemed to have negligible social harm and thus not constitute a crime if the circumstances, such as a personal conflict or procedural violations by the victim, significantly reduce its societal impact.

Keywords

AI generated
negligible social harm dismissal of criminal proceedings property damage personal conflict building regulations legal costs minor offense

Cited Legislation

AI generated
Art. 1 § 2 kk
Art. 115 § 2 kk
Art. 17 § 1 pkt. 3 kpk
Art. 632 pkt. 2 kpk

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