II K 288/12
AI generated
Court acquitted defendant of attempted murder but convicted of minor injury with one year prison sentence.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of attempted murder because his threats failed to instill the required fear in the victim. However, the court convicted him of intentional minor injury under Article 157 of the Criminal Code and sentenced him to one year in prison. The decision relied on the specific facts of the stabbing and the defendant's prior criminal record to justify the penalty.
Legislator headnote
AI generatedArt. 190§1 kk; Art. 157§2 kk: A threat of death constitutes a crime only if it creates justified fear in the victim; if the threat fails to induce such fear, the element of the crime is missing, but intentional minor injury remains punishable regardless of the victim's reaction.
Keywords
AI generated
attempted murder
threats of death
minor injury
justified fear
criminal code
sentencing guidelines
public place
Cited Legislation
AI generatedArt. 190§1 kk
Art. 157§2 kk
Art. 53 kk
Art. 624§1 kpk
Art. 17 ustawy o opłatach w sprawach karnych