II K 236/19
AI generated
Court acquits defendant of assault due to insufficient evidence and applies principle of in dubio pro reo.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant, K.C., of assault charges brought by private prosecutor H.K. regarding alleged injuries sustained from a broom handle. The prosecution argued the defendant struck the victim, but the court found the medical evidence inconclusive and the victim's testimony unreliable due to potential intoxication. Relying on the principle that unresolved doubts must favor the accused, the court determined the prosecution failed to prove the assault beyond reasonable doubt.
Legislator headnote
AI generatedArt. 157 § 2 k.k.; Art. 5 § 2 k.p.k.: When evidence regarding the commission of an assault is insufficient or contradictory, the court must acquit the accused in accordance with the principle of in dubio pro reo.
Keywords
AI generated
assault charge
insufficient evidence
in dubio pro reo
private prosecution
acquittal verdict
Cited Legislation
AI generatedArt. 157 § 2 k.k.
Art. 5 § 2 k.p.k.
Art. 632 pkt 1 k.p.k.
Art. 618 § 1 pkt 11 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedII K 166/16
Court convicted defendant of assault causing jaw fracture, suspended sentence, ordered apology and compensation.
II K 828/21
Court imposes 10 months of community service and orders compensation for assault with facial fractures.
II K 149/19
Court convicted defendant of intentional injury and suspended sentence with apology and compensation.
II K 374/22
Court sentenced defendant to six months of restricted liberty and proximity ban for assault causing minor injuries.
II K 693/21
Court convicted defendant of assault causing facial fractures and suspended sentence with compensation.