Legislator Case Law & Legislation
II K 1378/18 AI generated

Court acquitted assault charge but convicted of attempted murder and assault, imposing six months imprisonment with community service.

Case Number II K 1378/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant of the charge of causing serious bodily injury but convicted him of attempted murder and assault with intent to cause serious injury. The prosecution argued for a conviction on the lesser included offense of causing serious bodily injury, while the defense sought acquittal on all counts. The court rejected the defense's request for acquittal, ruling that the defendant's actions constituted a completed attempt to cause serious injury and a separate act of assault, warranting a conviction and a six-month sentence with community service.

Legislator headnote

AI generated

Art. 157 § 1 k.k.; Art. 158 § 1 k.k.; Art. 190 § 1 k.k.; Art. 37a k.k.; Art. 25 § 1 k.k. - When a defendant commits an act that fulfills the elements of a crime causing serious bodily injury but also demonstrates intent to cause death or serious injury, the court may convict for the more serious attempted offense while acquitting on the lesser charge, treating the lesser act as a prior or concurrent offense.

Keywords

AI generated
attempted murder conviction assault with intent acquittal on lesser charge community service obligation criminal liability assessment joint criminal act proportionality of sentence

Cited Legislation

AI generated
Art. 157 § 1 k.k.
Art. 158 § 1 k.k.
Art. 190 § 1 k.k.
Art. 37a k.k.
Art. 25 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 630 k.p.k.
Art. 624 § 1 k.p.k.
art. 17 § 1 pkt 2 k.p.k
AI generated

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