Legislator Case Law & Legislation
II K 571/20 AI generated

Court acquits defendant of domestic violence charges, returning evidence and awarding state costs.

Case Number II K 571/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Regional Court in Legionów acquitted the defendant, R. S., of charges of domestic violence and psychological abuse against his wife, E. S. The prosecution argued for a conviction based on physical altercations, stalking, and the use of GPS trackers, while the defense successfully challenged the admissibility of the electronic surveillance evidence. The court ruled that the evidence obtained through the illegal installation of GPS devices and audio recorders was inadmissible, leading to the acquittal and the return of the seized items to the victim.

Legislator headnote

AI generated

Art. 189 ust. 1 k.k.; Art. 207 § 1 k.k.; Art. 230 § 2 k.p.k.; Art. 632 pkt 2 k.p.k. - Evidence obtained through illegal electronic surveillance (GPS trackers, audio recorders) is inadmissible in criminal proceedings, resulting in the acquittal of the accused when such evidence is the sole basis for the prosecution's case.

Keywords

AI generated
illegal electronic surveillance GPS tracker admissibility domestic violence charges inadmissible evidence acquittal due to evidence exclusion state costs award procedural illegality of evidence

Cited Legislation

AI generated
Art. 189 ust. 1 k.k.
Art. 207 § 1 k.k.
Art. 230 § 2 k.p.k.
Art. 632 pkt 2 k.p.k.

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