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VI K 349/20 AI generated

Court grants conditional dismissal of criminal proceedings for minor domestic threats due to low social harm.

Case Number VI K 349/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court granted a conditional dismissal of criminal proceedings against the defendant for issuing life-threatening threats within her marriage. The prosecution charged the defendant with crimes under Article 190 of the Criminal Code, but the court found the circumstances did not warrant a formal sentence. The court decided to apply a two-year probation period and judicial supervision because the social harm was deemed insignificant given the dysfunctional family dynamics and the victim's own misconduct.

Legislator headnote

AI generated

Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 67 § 2 kk: When the social harm of a crime is insignificant and the offender has not been previously punished, the court may apply conditional dismissal of criminal proceedings with a probation period and judicial supervision instead of a formal sentence.

Keywords

AI generated
conditional dismissal of proceedings insignificant social harm probation period judicial supervision domestic violence threats Criminal Code Art 190 family dysfunction

Cited Legislation

AI generated
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 2 kk
Art. 627 k.p.k.
Art. 629 k.p.k.
Art. 7 ustawy z dnia 23.06.1973r. o opłatach w sprawach karnych
art. 387 k.p.k
AI generated
II K 323/17
Court convicted defendant of threats and imposed fine plus contact ban due to verbal threats and alcohol abuse.
II K 1675/24
Court sentenced defendant to two months imprisonment suspended for two years for criminal threats.
II K 133/19
Court convicted defendant of threats and granted suspended sentence with strict proximity and contact bans.
III K 675/21
Court convicted woman of attempted murder threats and sentenced her to a daily fine for direct intent.
II K 1073/18
Court imposed one year suspended prison sentence for domestic violence and threats against in-laws.

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