Legislator Case Law & Legislation
II K 294/17 AI generated

Court acquits defendant of drowning charge due to conflicting witness testimony and lack of clear evidence of negligence.

Case Number II K 294/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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
AI generated

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