II K 294/17
AI generated
Court acquits defendant of drowning charge due to conflicting witness testimony and lack of clear evidence of negligence.
Legislator summary
AI generatedThe Regional Court in Legionowo acquitted the defendant of intentional endangerment of life resulting in death. The court found that witness testimonies regarding the incident were contradictory and failed to establish the defendant's negligence or lack of safety measures. Consequently, the court applied the principle of in dubio pro reo to acquit the accused and order the prosecution to bear the costs.
Legislator headnote
AI generatedArt. 177 § 2 k.k.; Art. 5 § 2 k.p.k.: In the absence of clear evidence proving negligence or causation, and when witness testimonies are contradictory, the court must resolve doubts in favor of the accused, resulting in acquittal.
Keywords
AI generated
intentional endangerment of life
doubtful evidence standard
contradictory witness testimony
in dubio pro reo principle
negligence in water sports
acquittal due to lack of proof
prosecution costs allocation
Cited Legislation
AI generatedArt. 177 § 2 k.k.
Art. 5 § 2 k.p.k.
Art. 632 pkt. 1 k.p.k.
art. 177§ 2 k.k
art. 632 pkt 1 k.p.k
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Criminal appeal dismissed; court upheld conviction for negligent traffic causing death based on expert evidence.
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