II K 1367/18
AI generated
Court acquits defendant of unlawful entry due to negligible social harm caused by custody dispute.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant, J.R., of the charge of unlawful entry under Article 193 of the Criminal Code. Facts established showed a custody dispute where the defendant entered a home after police intervention following a disagreement over child visitation. The court ruled the act possessed negligible social harm because the defendant's actions were motivated by a legitimate custody conflict rather than malicious intent.
Legislator headnote
AI generatedArt. 193 k.k.; Art. 632 k.p.k.: An act of unlawful entry is not punishable if the social harm is negligible due to the defendant's specific motivation arising from a legitimate family dispute.
Keywords
AI generated
unlawful entry
negligible social harm
custody dispute
acquittal
family conflict
Criminal Code
procedural costs
Cited Legislation
AI generatedArt. 193 k.k.
Art. 632 k.p.k.
art. 387 k.p.k
art. 193 k.k
art. 1 § 2 k.k
art. 115 § 2 k.k
art. 53 § 1 k.k
art. 56 k.k
art. 632 k.p.k
Cited Case Law
AI generatedIV KK 44/06 OSNwSK 2006/1/882
IV KK 44/06
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