Legislator Case Law & Legislation
II K 182/19 AI generated

Court convicted defendant of assault with pepper spray, waived criminal penalty due to victim's reciprocal assault, ordered compensation and legal costs.

Case Number II K 182/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of violating personal integrity using pepper spray and ordered a fine of 2,000 PLN and legal costs of 1,800 PLN. Although the defendant was found guilty, the court exercised its discretion under Article 217 § 2 of the Criminal Code to refrain from imposing a criminal penalty because the victim reciprocated with a similar assault. The court justified this by noting the victim's response was functionally linked to the initial attack and deemed the victim's retaliation as a form of self-punishment.

Legislator headnote

AI generated

Art. 217 § 1, 217 § 2 k.k.; Art. 46 § 2 k.k.; Art. 628 pkt 1 k.p.k. The court may refrain from imposing a criminal penalty when the victim responds to the initial assault with a similar act, treating the victim's retaliation as a form of self-punishment that negates the need for state repression.

Keywords

AI generated
assault with pepper spray reciprocal assault waiver of criminal penalty victim's retaliation compensation award legal costs allocation personal integrity violation

Cited Legislation

AI generated
Art. 217 § 1 k.k.
Art. 217 § 2 k.k.
Art. 46 § 2 k.k.
Art. 628 pkt 1 k.p.k.
art. 217 k.k
art. 217 § 1 k.k
art. 217 § 2 k.k
art. 46 § 2 k.k
art. 628 pkt 1 k.p.k
art. 387 k.p.k

Cited Case Law

AI generated
AI generated

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