Legislator Case Law & Legislation
VI K 709/17 AI generated

Court convicts defendant of attempted assault causing serious injury and sentences to 10 months of restricted liberty.

Case Number VI K 709/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of attempted assault under Polish Criminal Code articles 157 and 160, sentencing him to ten months of restricted liberty with community service. The prosecution argued the defendant intentionally struck an intoxicated victim after a knife incident, creating a direct danger of serious harm. The court accepted this reasoning, noting the significant social harm and intentional nature of the act, while applying mitigating factors like confession and prior good conduct to set the sentence at the statutory minimum.

Legislator headnote

AI generated

Art. 157 § 1 kk; Art. 160 § 1 kk; Art. 53 § 1, 2 kk; The court established that intentional physical violence against an intoxicated person, creating a direct danger of serious injury, constitutes attempted assault, warranting a sentence of restricted liberty calibrated to the degree of social harm and mitigating circumstances.

Keywords

AI generated
attempted assault serious bodily injury intoxicated victim restricted liberty community service criminal liability mitigating circumstances

Cited Legislation

AI generated
Art. 157 § 1 kk
Art. 160 § 1 kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 46 § 2 kk
Art. 53 § 1 kk
Art. 53 § 2 kk
Art. 37a kk
Art. 627 kpk
Ustawa z dnia 23.06.1973r. o opłatach w sprawach karnych

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