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II K 1322/19 AI generated

Court applies pre-amendment Criminal Code to defendants for assault charges, imposing daily fine instead of imprisonment.

Case Number II K 1322/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendants guilty of intentional assault causing minor bodily harm and imposed a combined daily fine of 120 units. The prosecution argued for imprisonment, but the court determined that given the defendants' low income and the minor nature of the injuries, liberty-depriving penalties were excessively harsh. Consequently, the court applied the pre-amendment Criminal Code to ensure the sentence remained proportionate and socially adequate.

Legislator headnote

AI generated

Art. 37a k.k.; Art. 85 k.k.; Art. 4 § 1 k.k.: The court must apply the Criminal Code in force prior to the enactment of a new law when determining criminal liability, and may substitute imprisonment with a daily fine if the circumstances render liberty-depriving penalties disproportionately severe.

Keywords

AI generated
Criminal Code application procedural time bar proportionality of punishment daily fine substitution minor bodily harm social danger assessment costs waiver

Cited Legislation

AI generated
Art. 37a k.k.
Art. 85 k.k.
Art. 4 § 1 k.k.
art. 387 k.p.k
art. 156 § 1 k.k
art. 157 § 1 k.k
art. 158 § 1 k.k
art. 85 k.k
art. 4 § 1 k.k
AI generated
II K 639/16
Court acquits defendant of attempted murder due to lack of evidence proving he struck the victim.
II K 284/17
Court convicted two defendants of robbery and drug possession, imposing combined prison sentences and joint civil liability.
II K 1060/24
Court suspended prison sentence with probation for minor under 18 who committed assault with violence.
II K 161/18
Court convicts defendant of aggravated assault causing blindness, imposing 3-year sentence and alcohol therapy.

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