Legislator Case Law & Legislation
III K 45/20 AI generated

Court convicts defendant of intentional homicide and sentences him to eight years imprisonment.

Case Number III K 45/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of intentional homicide under Article 156 § 3 of the Criminal Code and sentenced him to eight years of imprisonment. The prosecution argued that the defendant struck his grandmother three times on the head, causing fatal brain injuries, while the defense raised mixed mitigating circumstances including the victim's age and the defendant's prior record. The court determined the crime was socially harmful and the victim was defenseless, justifying the eight-year term to balance positive general prevention with the degree of guilt.

Legislator headnote

AI generated

Art. 156 § 3 k.k.; Art. 63 § 1 k.k.; Art. 624 § 1 k.p.k.: The court established that intentional homicide is punishable by imprisonment, where the sentence must reflect the social harmfulness of the act and the degree of guilt, while also considering mitigating factors such as the victim's vulnerability and the defendant's personal circumstances when determining costs.

Keywords

AI generated
intentional homicide social harmfulness positive general prevention mixed mitigating circumstances exemption from court costs imprisonment term victim vulnerability

Cited Legislation

AI generated
Art. 156 § 3 k.k.
Art. 63 § 1 k.k.
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 ustawy z dnia 23.06.1973r. o opłatach w sprawach karnych
art. 156 § 3 k.k
art. 63 § 1 k.k
art. 624 § 1 k.p.k
art. 387 k.p.k
art. 9 § 2 k.k
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text