II K 353/20
AI generated
Court acquits woman for church threats, ruling fear of harm absent due to context.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of threats under Article 190 of the Criminal Code. Facts show the defendant made vulgar threats to cut off the victim's head during a church baptism ceremony following a family dispute over grandchild custody. The court ruled that while the defendant's words were insulting, the specific fear of physical harm was not objectively or subjectively present given the context of a family conflict and subsequent lack of further incidents.
Legislator headnote
AI generatedArt. 190 § 1 k.k.; Threats constitute a crime only if they create a real fear of harm in the victim, which was absent here as the incident was an emotional outburst within a family dispute rather than a genuine threat of violence.
Keywords
AI generated
threats criminal code
fear of harm
family dispute context
church ceremony incident
unlawful threat elements
Cited Legislation
AI generatedArt. 190 § 1 k.k.
art. 387 k.p.k
Related Decisions
AI generatedIV K 976/21
Court acquits defendant of threats because victim's fear lacked objective basis in the circumstances.
II K 133/19
Court convicted defendant of threats and granted suspended sentence with strict proximity and contact bans.
III K 743/21
Court grants conditional suspension of criminal proceedings for threatening arson against neighbor.
II K 925/19
Court conditionally suspended criminal proceedings for attempted murder threat between brothers, imposing one-year probation and court costs.