Legislator Case Law & Legislation
II K 963/16 AI generated

Court convicted defendant of assault and insult against police, imposing combined sentence of eight months restriction of liberty.

Case Number II K 963/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of assault and insult against police officers, imposing a combined sentence of eight months' restriction of liberty with community service. The defendant argued she acted under emotional distress to protect her son and claimed the officers behaved unprofessionally, but the court rejected these as insufficient mitigating factors. The court found the defendant guilty based on the physical violence and verbal abuse committed during the officers' official duties, applying the principle of partial absorption for the combined punishment.

Legislator headnote

AI generated

Art. 222 § 1 k.k.; Art. 224 § 2 k.k.; Art. 226 § 1 k.k.; Art. 34 § 1a pkt 1 k.k.; Art. 37a k.k.; Art. 85 § 1 i 2 k.k.; Art. 85a k.k.; Art. 86 § 1 i 3 k.k.; Art. 627 k.p.k.: When an offender commits multiple crimes against public officials, the court may impose a combined sentence using the principle of partial absorption, considering the emotional state of the offender and the nature of the insult as mitigating or aggravating circumstances respectively.

Keywords

AI generated
assault against police insult public officials combined criminal punishment partial absorption principle restriction of liberty community service obligation court costs liability

Cited Legislation

AI generated
Art. 222 § 1 k.k.
Art. 224 § 2 k.k.
Art. 226 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 37a k.k.
Art. 85 § 1 i 2 k.k.
Art. 85a k.k.
Art. 86 § 1 i 3 k.k.
Art. 627 k.p.k.
art. 222 § 1 k.k
AI generated

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