Legislator Case Law & Legislation
II K 733/19 AI generated

Court convicts defendant of insulting a public official under Art. 226 § 1 CC and rejects suspended sentence due to recidivism.

Case Number II K 733/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of insulting a public official and imposed a three-month prison sentence, explicitly rejecting the request for a suspended sentence. The prosecution argued that the defendant's history of multiple prior convictions, including four for the same offense, demonstrated a high degree of culpability and social danger. Consequently, the court determined that the statutory prerequisites for suspending the execution of the penalty were absent, necessitating immediate execution to achieve the punitive and preventive goals of the law.

Legislator headnote

AI generated

Art. 226 § 1 k.k.; Art. 69 § 1 k.k.; Whoever insults a public official during duty is liable for the crime of insult; however, a suspended sentence cannot be granted if the offender has previously been sentenced to imprisonment, as the conditions for suspension are not met.

Keywords

AI generated
insulting public official Art. 226 § 1 CC suspended sentence recidivism Art. 69 § 1 CC prison term criminal liability

Cited Legislation

AI generated
Art. 226 § 1 k.k.
Art. 216 k.k.
Art. 64 § 1 k.k.
Art. 69 § 1 k.k.
Art. 387 k.p.k.
Art. 424 § 3 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 226 § 1 k.k
art. 216 k.k
AI generated

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