Legislator Case Law & Legislation
II K 1051/13 AI generated

Court suspended prosecution for harassment due to minor guilt and low social harm, imposing a fine and contact ban.

Case Number II K 1051/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court suspended the criminal proceedings against the defendant for two years, finding his guilt and social harm to be minor. Although the defendant requested a monetary compensation payment, the court rejected this because the law does not allow for compensation that does not directly offset damage caused by the crime. Consequently, the court imposed a fine to the victim support fund, a ban on direct contact with the victim, and awarded legal costs to the victim's representative.

Legislator headnote

AI generated

Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 67 § 3 kk: The court may suspend criminal proceedings when the degree of guilt and social harm are not significant, but it cannot impose a monetary compensation obligation that does not serve as compensation for damage directly caused by the committed crime.

Keywords

AI generated
suspended prosecution minor social harm harassment offense contact ban monetary compensation legal costs victim support fund

Cited Legislation

AI generated
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 627 kpk
Art. 629 kpk
Art. 7 ustawy z 23 czerwca 1973 r. o opłatach w sprawach karnych

Cited Case Law

AI generated
wyrok SN z dnia 16 maja 2002 r., III KK 189/02
III KK 189/02

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