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II K 531/16 AI generated

Joint assault conviction upheld; court found defendants guilty of endangering health under Polish Criminal Code.

Case Number II K 531/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted two defendants of joint assault under Article 158 of the Polish Criminal Code, finding them guilty of endangering the victim's health. The prosecution argued that the defendants' actions, including kicking the victim while he fell and subsequent beatings, created a significant threat to his health. The court agreed, noting that the specific nature of the blows and the victim's reaction confirmed the dangerous character of the assault, warranting a sentence of six months of restricted liberty.

Legislator headnote

AI generated

Art. 158 § 1 kk; Art. 37a kk; Joint participation in assault is established by any conscious contribution to an attack that endangers life or causes specified health consequences, with liability based on the foreseeability of such outcomes rather than the specific cause of injury.

Keywords

AI generated
joint participation in assault endangering health criminal liability foreseeability of consequences dangerous character of assault

Cited Legislation

AI generated
Art. 158 § 1 kk
Art. 37a kk
Art. 34 § 1 and 1a pkt 1 kk
Art. 35 § 1 kk
Art. 53 k.k.
Art. 46 § 2 k.k.
Art. 76 § k.k. in fine
Art. 63 § 1 k.k.
Art. 627 k.p.k.
art. 156 k.k

Cited Case Law

AI generated
post. SN z 7.9.2004 r., II KK 377/03
post. SN z 22.4.2009 r., IV KK 14/09
II KK 377/03
IV KK 14/09
Supreme Court dismissed cassation, ruling that specific acts within a joint assault fall under the same crime if they endanger life or health.
AI generated
II Kp 270/16
Court dismisses victims' appeal against prosecutor's decision to drop criminal charges due to lack of evidence.
III KK 254/22
Supreme Court quashes appeal verdict due to improper service of notice violating defendant's right to defense.
XI Ka 263/15
Criminal appeal dismissed; Regional Court quashes acquittal and remands case for new evidence on injury causation.
I KK 312/22
Supreme Court quashes dismissal due to procedural error and conflicting rulings on the same act.

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