Legislator Case Law & Legislation
V K 90/17 AI generated

Court acquits defendant of assault and threats due to lack of credible fear instilled in the victim.

Case Number V K 90/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant of charges involving physical assault and threats of violence against a minor. Evidence revealed that the victim's mother weaponized the incidents to incriminate the defendant, while the victim himself did not express genuine fear of the threats. Consequently, the court found that the defendant's words failed to instill the legally required reasonable fear of harm, leading to a complete acquittal on both counts.

Legislator headnote

AI generated

Art. 217 §1 kk w zw. z art. 216 §1 kk; Art. 190 §1 kk: A threat constitutes a crime only if it instills in the victim a reasonable fear of its fulfillment, which was absent here as the victim did not fear the defendant and the accuser acted instrumentally.

Keywords

AI generated
threats of violence reasonable fear requirement acquittal of assault provocation by victim instrumental prosecution minor victim lack of credible fear

Cited Legislation

AI generated
Art. 217 §1 kk w zw. z art. 216 §1 kk w zw. z art. 190 §1 kk
Art. 190 §1 kk
Art. 632 § 2 kpk
V KK 372/16 - wyrok SN - Izba Karna z dnia 06-04-2017

Cited Case Law

AI generated

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