VI K 1030/17
AI generated
Court acquits defendant due to insufficient evidence proving property damage from drifting, applying in dubio pro reo.
Legislator summary
AI generatedThe court acquitted the defendant of property damage charges after finding the evidence insufficient to prove the specific state of the parking surface following the alleged drifting incident. While the defendant admitted to drifting, the prosecution failed to provide conclusive proof that the surface was damaged at that exact moment, as the entire area was later replaced. Consequently, the court applied the principle of in dubio pro reo, resolving the remaining factual uncertainties in favor of the accused.
Legislator headnote
AI generatedArt. 288 § 1 k.k.; Art. 5 § 2 k.p.k.: When evidence allows for two equally probable versions of an event and does not definitively establish the elements of the crime, the court must resolve the doubts in favor of the accused.
Keywords
AI generated
property damage
drifting incident
insufficient evidence
in dubio pro reo
acquittal
criminal procedure
factual uncertainty
Cited Legislation
AI generatedArt. 288 § 1 k.k.
Art. 5 § 2 k.p.k.
Art. 632 ust. 2 k.p.k.
art. 288 § 1 k.k
art. 632 ust. 2 k.p.k
art. 115 § 9 k.k
art. 212 § 1 k.k
art. 5 § 2 k.p.k
art. 632 pkt 2 k.p.k
Cited Case Law
AI generatedII AKA 403/11
Appeal court corrects first instance verdict by removing aggravated sentencing provision for a felony and fixing a clerical error.
II AKA 113/12
Appeal dismissed; murder conviction upheld as no provocation or self-defense conditions met.
WR 107/91
III KR 315/73
I KR 115/79
III K 1170/60
Related Decisions
AI generatedVI K 844/20
Court acquits defendant of property damage for parking lot drift, ruling stains removable without substance breach.
I C 1465/18
Court orders county road authority to pay vehicle damage, expert fees, and interest for road defect incident.
III K 900/22
Court convicted defendant of property damage with 8 months of restricted liberty and mandatory unpaid work.
II Ca 311/17
Court dismissed appeal in car damage case, upholding expert opinion on liability for improper equipment handling.