III K 628/20
AI generated
Court acquits defendant of violating no-contact order as calls were for parental duties and not against wife's will.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of violating a five-year no-contact order imposed by a previous judgment. Although the defendant contacted his ex-wife multiple times, the court found these calls were conducted to exercise parental authority over their minor children and did not occur against her will. The defendant's ex-wife failed to provide evidence that she opposed the communication, and the court noted she continued the conversation despite knowing the legal restriction.
Legislator headnote
AI generatedArt. 244 kk; Art. 12 § 1 kk: A violation of a court-imposed no-contact order requires proof that the contact was made against the protected person's will; mere contact for parental duties or without explicit objection does not constitute a crime.
Keywords
AI generated
no-contact order violation
parental authority
criminal acquittal
telephonic contact
will of the victim
Cited Legislation
AI generatedArt. 244 kk
Art. 12 § 1 kk
Art. 29 of the Lawyers Act
Art. 632 pkt 2 kpk
art. 387 k.p.k
Related Decisions
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Supreme Court dismisses appeal against appellate court's reversal of acquittal due to procedural error, allowing no reformatory judgment.
VI K 1342/22
Court convicts defendant of violating court-imposed no-contact order and sentences him to four months imprisonment.
II K 1019/23
Court dismissed mandatory defense request due to lack of proven psychiatric or addiction-related treatment needs.
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Jeżeli wniosek o uzasadnienie wyroku dotyczy tylko niektórych czynów lub niektórych oskarżonych, sąd może ograniczyć uzasadnienie do części wyroku objętych wnioskiem.