IV K 180/20
AI generated
Court dismissed prosecutor's request for public rights deprivation due to lack of statutory aggravating motives.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of multiple offenses but rejected the prosecutor's request to deprive him of public rights. While the victim was a minor, the court determined the facts did not demonstrate the specific motives required by law for such a severe penalty. Consequently, the request was denied, and the defendant was exempted from court costs due to poverty.
Legislator headnote
AI generatedArt. 207 § 1 k.k.; Art. 157 § 1 k.k.; Art. 191 § 1 k.k.: Deprivation of public rights is not mandatory and requires specific aggravating motives beyond the victim's age; mere abuse of a minor does not automatically satisfy this statutory threshold.
Keywords
AI generated
deprivation of public rights
aggravating motives
minor victim
criminal penalty
prosecutor's request
Kodeks karny
court costs exemption
Cited Legislation
AI generatedArt. 207 § 1 k.k.
Art. 157 § 1 k.k.
Art. 191 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 157 §1 k.k
art. 64§1 k.k
art. 207 §1 k.k
art. 191§1 k.k
art. 280 §1 k.k
Cited Case Law
AI generatedwyr. SA w Krakowie z 23.2.2006 r., II AKa 14/06
wyr. SN z 12.11.2002 r., V KKN 304/01
wyr. SA w Krakowie z 16.1.2002 r., II AKa 308/01
Related Decisions
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Court imposed 8-month suspended prison sentence with proximity ban for harassment and assault.
II K 397/21
Court convicted defendant of physical and psychological abuse against partner and daughter, imposing one year suspended sentence.
XII K 66/21
Court convicted father of negligent child abuse causing severe brain injury and sentenced to two years imprisonment.
II K 1084/14
Court convicted defendant of assault and injury but acquitted him of defamation for stating victim was drunk.
II K 343/18
Mother convicted of child abuse and neglect; sentenced to four years imprisonment with prohibition order.