II K 426/19
AI generated
Court conditionally dismissed domestic assault threats with probation and victim compensation order.
Poland (PL)
Legislator summary
AI generatedThe court conditionally dismissed criminal proceedings against M.K. for threatening bodily harm against A.P., finding the threats credible but the social danger low. The defendant argued the conflict was domestic and isolated, while the prosecution emphasized the fear induced in the victim. Consequently, the court imposed a two-year probation period and a monetary compensation of 500 PLN to the victim's fund.
Legislator headnote
AI generatedArt. 190 § 1 kk; Art. 66 § 1, 2 kk; Art. 67 § 1, 3 kk: Threats of bodily harm constitute a crime if they induce justified fear of realization; conditional dismissal is appropriate when social danger is low and the offender shows no prior record.
Keywords
AI generated
conditional dismissal of proceedings
threats of bodily harm
probation period
victim compensation fund
domestic conflict
justified fear
social danger assessment
Cited Legislation
AI generatedArt. 190 § 1 kk
Art. 66 § 1, 2 kk
Art. 67 § 1, 3 kk
Art. 618 § 1 pkt 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedII Ka 561/24
Court partially allowed appeal, changing compensation basis and remanding acquittal for retrial.
II K 456/15
Court convicted defendant of threats under Art 190 KK, suspended sentence with probation and court supervision.
IV Ka 339/17
Court dismisses appeal against conditional suspension of criminal proceedings for attempted assault threat.
VI K 106/23
Court convicted defendant of threats and physical abuse, sentencing him to five months imprisonment with proximity bans.