Legislator Case Law & Legislation
VI Ka 178/20 AI generated

Criminal appeal court reduced civil compensation liability for the defendant due to financial hardship.

Case Number VI Ka 178/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Appeal partially modified the first-instance judgment by reducing the defendant's civil compensation obligation to 97 Polish zloty. The defendant argued that the original amount was disproportionately high given their difficult financial situation, while the victim claimed specific documented expenses for legal reports and representation. The court accepted the defendant's appeal on the civil liability portion, acknowledging their economic hardship, but upheld the criminal conviction and other procedural aspects of the original verdict.

Legislator headnote

AI generated

art. 286 § 1 kk; art. 624 § 1 k.p.k.; art. 634 k.p.k.: The appellate court may reduce civil compensation liability in criminal proceedings when the defendant demonstrates significant financial hardship, balancing the victim's claim against the defendant's economic reality.

Keywords

AI generated
criminal appeal procedure civil compensation liability disproportionate penalty financial hardship exemption reduction of damages art. 286 kk art. 624 k.p.k.

Cited Legislation

AI generated
art. 286 § 1 kk
art. 624 § 1 k.p.k.
art. 634 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 361 § 1 k.c
art. 7 k.p.k
AI generated

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