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II K 921/17 AI generated

Court convicted father of assault and property damage but acquitted him of life-threatening threats against son.

Case Number II K 921/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of minor assault and property damage but acquitted him of threats to life. The prosecution alleged physical abuse and property destruction, while the defense argued the threats were not life-threatening. The court found the threats lacked the necessary fear of death and reduced the property damage to a misdemeanor based on the calculated repair costs.

Legislator headnote

AI generated

Art. 157 § 2 k.k.; Art. 288 § 1 k.k.; Art. 190 § 1 k.k.; Art. 124 § 1 k.w.; Art. 17 § 1 pkt 2 k.p.k.; Art. 414 § 1 k.p.k.; Art. 124 § 4 k.w.; Art. 627 k.p.k.; Art. 630 k.p.k.; A threat must induce a specific fear of death to constitute the crime of threatening to kill, and property damage below the statutory threshold constitutes a misdemeanor rather than a felony.

Keywords

AI generated
threats to life property damage assault and battery misdemeanor threshold fear of death criminal liability civil compensation

Cited Legislation

AI generated
Art. 157 § 2 k.k.
Art. 288 § 1 k.k.
Art. 190 § 1 k.k.
Art. 17 § 1 pkt 2 k.p.k.
Art. 414 § 1 k.p.k.
Art. 124 § 1 k.w.
Art. 124 § 4 k.w.
Art. 627 k.p.k.
Art. 630 k.p.k.
Art. 53 § 1 i 2 k.k.

Cited Case Law

AI generated
IV KK 145/17
Supreme Court quashes lower court verdict for misclassifying minor damage as property destruction and procedural errors.
AI generated
II K 1062/15
Court convicted prisoner of intentional assault and sentenced to two months imprisonment with no suspended sentence.
II K 161/18
Court convicts defendant of aggravated assault causing blindness, imposing 3-year sentence and alcohol therapy.
III K 1552/18
Court convicted defendant of assault under Art. 157 kk, imposing suspended sentence and compensation.
II K 457/17
Court convicted two defendants of assault under Art. 217 § 1 kk despite revenge motive and witness injury ambiguity.
II K 548/15
Court sentenced defendant to suspended sentence for assault and threats, awarding damages and imposing contact restrictions.

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