Legislator Case Law & Legislation
IV Ka 30/19 AI generated

Criminal appeal dismissed for facts but allowed regarding sentencing due to significantly limited capacity to understand and control behavior.

Case Number IV Ka 30/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court dismissed the defendant's appeal regarding the factual findings of guilt for disturbing the peace but allowed the request to avoid criminal punishment. The defendant argued that his hearing impairment and lack of prior record warranted leniency, while the prosecution contended the evidence of misconduct was sufficient. The court agreed that although the facts were established, the defendant's significantly limited capacity to understand and control his actions under Article 17 of the Criminal Code justified waiving the penalty.

Legislator headnote

AI generated

Art. 17 § 2 k.w.; Art. 109 § 2 k.p.s.w.; If a person's capacity to understand the significance of an act or to direct their conduct is significantly limited at the time of the offense, the court may refrain from imposing a penalty, even if guilt is established.

Keywords

AI generated
significantly limited capacity disturbing the peace waiving criminal penalty freedom of assessment hearing impairment defense

Cited Legislation

AI generated
Art. 17 § 2 k.w.
Art. 109 § 2 k.p.s.w.
Art. 437 § 2 k.p.k.
Art. 119 k.p.s.w.
Art. 634 k.p.k.
Art. 624 k.p.k.
art. 4 k.p.k
art. 5 k.p.k
art. 7 k.p.k
art. 5 § 2 k.p.k
AI generated

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