Court acquits defendant of threats due to lack of credible fear by victims despite verbal outbursts.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of threats under Article 190 of the Criminal Code, finding the prosecution failed to prove the victims genuinely feared the threats. Although the defendant made violent verbal outbursts and threats, the court determined these did not create reasonable apprehension of harm in the victims' minds. Consequently, the prosecution was ordered to bear the procedural costs while the state reimbursed the appointed defense attorney.
Legislator headnote
AI generatedArt. 190 § 1 k.k.; Art. 29 ust. 1 Prawo o adwokaturze; Art. 640 k.p.k.; Art. 624 § 1 k.p.k. - The court established that for a crime of threats to be established, the prosecution must prove the victim had a reasonable fear of the threat's realization, which was not met in this case despite the defendant's aggressive speech.