Legislator Case Law & Legislation
II K 408/17 AI generated

Court convicted defendant of assault causing injury over 7 days and imposed 10 months of community service.

Case Number II K 408/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of intentional injury under Article 157 of the Criminal Code, finding her guilty of pushing an intoxicated victim down stairs. The prosecution argued for a prison sentence, but the court applied Article 37a to impose a lighter penalty of 10 months of controlled community work. This decision balanced the defendant's prior record and the victim's intoxication against the severity of the physical harm caused.

Legislator headnote

AI generated

Art. 157 § 1 k.k.; Art. 37a k.k.: The court established that when an intentional act causes injury exceeding seven days, a sentence of restriction of liberty (community service) may be imposed as a lighter alternative to imprisonment if mitigating circumstances justify it.

Keywords

AI generated
intentional injury restriction of liberty community service recidivism mitigating circumstances proportionality of punishment intoxication of victim

Cited Legislation

AI generated
Art. 157 § 1 k.k.
Art. 64 § 1 k.k.
Art. 37a k.k.
Art. 34 § 3 k.k.
Art. 72 § 1 pkt 5 k.k.
Art. 53 k.k.
Art. 335 k.p.k.
art. 207 § 1 k.k
art. 157 § 1 k.k
art. 64 § 1 k.k
AI generated

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