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II K 495/18 AI generated

Court acquits one defendant of assault while partially convicting the other of spitting and waiving punishment due to victim's prior provocation.

Case Number II K 495/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court acquitted D.S.(3) of intentional bodily injury but convicted D.S.(1) of spitting, subsequently waiving the penalty for him. D.S.(3) was found not guilty because her actions did not constitute a violation of personal integrity, whereas D.S.(1)'s act of spitting met the legal definition of the offense. The court applied Article 217 of the Criminal Code to D.S.(1) but exercised discretion under Article 217 to refrain from sentencing due to the victim's prior provocation and their long-standing conflict.

Legislator headnote

AI generated

Art. 217 § 1 k.k.; Art. 217 § 2 k.k.; Art. 414 § 1 k.p.k.; Art. 17 § 1 pkt 1 k.p.k. The court established that spitting constitutes intentional bodily injury under criminal law, but the prosecution may be waived if the victim provoked the offender through prior misconduct.

Keywords

AI generated
intentional bodily injury spitting as assault waiver of punishment victim provocation acquittal of co-defendant private prosecution criminal code provisions

Cited Legislation

AI generated
Art. 217 § 1 k.k.
Art. 217 § 2 k.k.
Art. 414 § 1 k.p.k.
Art. 17 § 1 pkt 1 k.p.k.
Art. 631 k.p.k.
Art. 616 § 1 pkt 2 k.p.k.
Art. 632 pkt 1 k.p.k.
art. 387 k.p.k
AI generated
II K 451/22
Court dismisses criminal charges for minor assault and insult due to negligible social harm under Polish Criminal Procedure Code.
II K 183/22
Court convicts neighbor of assault, imposes fine and damages, rejecting victim's provocation defense.
II K 1398/21
Court convicted defendant of bodily harm but granted exemption from penalty due to victim's retaliation.
II K 205/19
Court convicted three defendants of assault and imposed suspended sentences with compensation for the victim.

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