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II K 429/19 AI generated

Court sentenced defendant to 8 months of restricted liberty with community service for insulting a police officer.

Case Number II K 429/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of insulting a police officer and sentenced him to eight months of restricted liberty with mandatory community service. The prosecution argued the defendant's bad motives and refusal to obey orders warranted a significant penalty, while the defense requested a fine due to the defendant's lack of assets. The court rejected the fine because the defendant could not guarantee payment, and instead imposed the custodial sentence with community service, offsetting two days by his detention period.

Legislator headnote

AI generated

Art. 226 § 1 k.k.; Art. 34 § 1, § 1a pkt 1 k.k.; Art. 35 § 1 k.k.; Art. 63 § 1, 5 k.k.; Art. 624 § 1 k.p.k.; Art. 17 ust. 1 u.o.p.s.k.: The court may impose restricted liberty with community service for insulting a public official when a fine is unenforceable due to the defendant's financial situation, and detention time may be credited against the sentence.

Keywords

AI generated
insulting police officer restricted liberty sentence community service obligation fine unenforceability detention credit public official dignity proportionality of penalty

Cited Legislation

AI generated
Art. 226 § 1 k.k.
Art. 34 § 1, § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 63 § 1, 5 k.k.
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 u.o.p.s.k.
AI generated
II K 639/17
Court convicted defendant of insulting police officers and sentenced to two months of restricted liberty.
II K 696/15
Court convicted defendant of assault on police officer and imposed community service with alcohol abstinence order.
I KK 29/25
Supreme Court quashes lower court's combined sentence for being below statutory minimum limits under Criminal Code.
IV Ka 640/16
Court dismisses appeal against insult conviction, upholding sentence due to lack of provocation and defendant's recidivism.
II K 843/23
Court dismissed appeal against combined sentence, upholding mixed cumulation and absorption principles for multiple crimes.

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