VI Ka 299/21
AI generated
Court quashes first-instance conviction for minor assault, finding the act socially insignificant and not sufficiently harmful.
Poland (PL)
Legislator summary
AI generatedThe appellate court quashed the first-instance judgment convicting the defendant of assault and ordered the criminal proceedings to be discontinued. The defendant argued that his verbal threats and the victim's reaction constituted a criminal offense, while the prosecution contended the act warranted punishment. The court ruled that although the defendant's words were unprovoked, his intent was to de-escalate a conflict rather than harm the victim, rendering the act socially insignificant.
Legislator headnote
AI generatedArt. 190 § 1 k.k.; Art. 438 pkt. 3 k.p.k.: An act is not socially harmful to the degree required for criminal liability if the perpetrator's intent was merely to de-escalate a conflict and the resulting harm was negligible.
Keywords
AI generated
minor assault
socially insignificant
de-escalation intent
criminal liability threshold
procedural dismissal
verbal threat
negligible harm
Cited Legislation
AI generatedArt. 190 § 1 k.k.
Art. 438 pkt. 3 k.p.k.
Art. 17 § 1 pkt. 3 k.p.k.
Art. 1 § 2 k.k.
Art. 632 pkt. 2 k.p.k.
Art. 634 k.p.k.
art. 190§1 k.k
art. 1§2 k.k
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
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