Legislator Case Law & Legislation
II K 113/19 AI generated

Court acquits defendant of threats due to conflicting witness testimony and lack of objective evidence.

Case Number II K 113/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant of criminal threats against his aunt, dismissing the prosecution's charges entirely. While the victim and her sister testified about the defendant's threatening gestures from a car, their accounts conflicted regarding specific actions and the defendant's condition, and they failed to notice his eye patch. The court ruled that without objective evidence corroborating the witnesses' conflicting statements, the defendant's claim of being post-surgery and the victim's motive for false accusations were sufficiently probable to create reasonable doubt.

Legislator headnote

AI generated

Art. 190 § 1 kk; Art. 632 pkt 2 kpk: An acquittal is required not only when innocence is proven but also when the prosecution's assertions are not corroborated by objective evidence, and the defendant's defense is sufficiently probable.

Keywords

AI generated
criminal threats conflicting witness testimony reasonable doubt objective evidence post-surgery condition costs of proceedings public prosecution

Cited Legislation

AI generated
Art. 190 § 1 kk
Art. 632 pkt 2 kpk
AI generated

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