Legislator Case Law & Legislation
II K 847/18 AI generated

Court sentenced defendant to five months of restricted freedom for insulting and assaulting a police officer.

Case Number II K 847/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of insulting and assaulting a police officer during the performance of official duties. The defendant was convicted of two separate offenses committed on the same day in a public place, resulting in a combined sentence of five months of restricted freedom. The court applied the principle of asperation due to the unity of time, place, and victim, while also considering the defendant's prior criminal record and alcohol consumption as aggravating factors.

Legislator headnote

AI generated

Art. 222 § 1 kk; Art. 226 § 1 kk; Art. 34 § 1a pkt 1 kk; Art. 35 § 1 kk; Art. 58 § 1 kk; Art. 85 § 1 kk; Art. 86 § 1 kk; Art. 86 § 3 kk; Art. 624 § 1 kpk; When a defendant commits multiple offenses against a police officer in a public setting, the court must impose a combined sentence reflecting the unity of circumstances, prioritizing non-custodial measures unless the gravity of the acts and the offender's history justify restricted freedom.

Keywords

AI generated
assaulting police officer insulting public official combined sentence asperation restricted freedom penalty police official duties public place offense alcohol influence sentencing

Cited Legislation

AI generated
Art. 222 § 1 kk
Art. 226 § 1 kk
Art. 34 § 1a pkt 1 kk
Art. 35 § 1 kk
Art. 58 § 1 kk
Art. 85 § 1 kk
Art. 86 § 1 kk
Art. 86 § 3 kk
Art. 624 § 1 kpk
AI generated

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