V K 90/17
AI generated
Court acquits defendant of assault and threats due to lack of credible fear instilled in the victim.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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 generatedV KK 372/16 - wyrok SN - Izba Karna z dnia 06-04-2017
III KK 115/12
Criminal appeal dismissed as obviously unfounded; private prosecutor bears costs for procedural errors.
V KK 372/16
Supreme Court quashes lower court verdict for missing statutory elements in criminal charge description, ordering acquittal.