Legislator Case Law & Legislation
II K 553/17 AI generated

Court acquits defendants of harassment and threats due to lack of evidence and absence of persistent fear.

Case Number II K 553/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted two defendants of charges involving harassment under Article 190a and threats under Article 190 of the Criminal Code. Although the victim alleged fear and specific threats, the court found that the defendants' actions constituted mere neighborly annoyance rather than persistent harassment or proven threats. The decision rested on the absence of corroborating evidence and the failure to establish the required element of justified fear in the victim's mind.

Legislator headnote

AI generated

Art. 190a § 1 kk; Art. 190 § 1 kk: Harassment requires persistent behavior with malicious intent, while threats require proof of specific words and the victim's justified fear; mere neighborly conflicts or uncorroborated allegations do not suffice for conviction.

Keywords

AI generated
harassment under Art 190a threats under Art 190 justified fear requirement lack of corroborating evidence neighborly annoyance defense acquittal due to insufficient proof malicious intent standard

Cited Legislation

AI generated
Art. 190a § 1 kk
Art. 190 § 1 kk
Art. 632 pkt 2 kpk
AI generated

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