II K 801/17
AI generated
Court imposes civil liability for dog bite damages and compensation for pain and suffering under Polish Criminal Code.
Legislator summary
AI generatedThe court convicted the defendant of negligent dog bite injuries and imposed a suspended sentence. It ordered the defendant to pay full compensation for the victim's medical expenses and a separate sum for pain and suffering. The court ruled that compensation for pain must be independent of the defendant's financial situation to serve as adequate redress for the victim's distress.
Legislator headnote
AI generatedArt. 157 § 2 i 3 kk; Art. 67 § 3 kk: The court may order compensation for pain and suffering in criminal proceedings as a separate remedy from property damage, which must be adequate to the victim's suffering regardless of the offender's financial capacity.
Keywords
AI generated
negligent dog bite
pain and suffering
civil liability criminal
medical expenses
suspended sentence
Cited Legislation
AI generatedArt. 157 § 2 i 3 kk
Art. 66 § 1 i § 2 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 629 kpk
Art. 627 kpk
Art. 616 §1 pkt 2 kpk
Cited Case Law
AI generatedSąd Najwyższy z dnia 10.10.2013 r., V KK 130/13
V KK 228/07
V KK 130/13
Supreme Court dismissed cassation regarding compensation amount not being limited by defendant's financial situation.