Legislator Case Law & Legislation
II K 8/18 AI generated

Court imposes daily fine and contact ban for harassment violating privacy and freedom under Polish Penal Code.

Case Number II K 8/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of harassment and imposed a daily fine of 150 units at 40 zloty each, along with a contact ban and proximity restriction. The prosecution argued for a severe penalty due to the persistent nature of the SMS, phone calls, and stalking behavior that caused the victim a justified sense of threat. The court upheld the conviction, noting the defendant's full awareness of similar prior proceedings and the significant social harm caused, while also ordering the defendant to bear all case costs.

Legislator headnote

AI generated

Art. 190a § 1 kk; Art. 37a § 1 kk; Art. 41a § 1 kk; Art. 627 k.p.k.: The court may impose a daily fine and a contact ban for harassment that violates personal freedom and privacy, considering the severity of the act, the offender's awareness of prior similar conduct, and the need to prevent recidivism and protect the victim.

Keywords

AI generated
harassment daily fine contact ban privacy violation stalking proximity restriction procedural costs

Cited Legislation

AI generated
Art. 190a § 1 kk
Art. 37a § 1 kk
Art. 41a § 1 kk
Art. 627 k.p.k.
Art. 33 § 3 kk
Art. 43 § 1 kk
AI generated

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