Legislator Case Law & Legislation
II K 490/19 AI generated

Court applies old law to domestic violence charges due to new law not being in force at time of act.

Case Number II K 490/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of domestic violence and harassment under specific articles of the Criminal Code. The prosecution argued for charges based on the current legal framework, but the court found the new statute regarding aggravated domestic violence had not yet entered into force on the date of the offense. Consequently, the court applied the previous, less severe version of the law to ensure the principle of non-retroactivity was respected.

Legislator headnote

AI generated

art. 4 § 1 k.k.; art. 190 § 1 k.k.; art. 157 § 2 k.k.; art. 190a § 1 k.k.; The court must apply the law in force at the time of the act when a new statute has not yet entered into force, thereby precluding the retroactive application of harsher penalties.

Keywords

AI generated
principle of non-retroactivity domestic violence charges Criminal Code provisions entry into force of law procedural fairness

Cited Legislation

AI generated
art. 4 § 1 k.k.
art. 190 § 1 k.k.
art. 157 § 2 k.k.
art. 190a § 1 k.k.
art. 424 § 3 k.p.k
art. 387 k.p.k
art. 190 § 1 k.k
art. 157 § 2 k.k
art. 11 § 2 k.k
art. 4 § 1 k.k
AI generated

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