III K 181/18
AI generated
Court acquits defendant of psychological and physical abuse charges due to lack of dependency relationship.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant, Ł. H. (1), of charges involving psychological and physical abuse against his partner and children. The prosecution argued that the defendant exerted control by changing locks and isolating the victim, while the defense contended that no legal dependency existed between them. The court ruled that the victim could have independently rented similar housing, negating the necessary power imbalance required for the abuse charges under Polish law.
Legislator headnote
AI generatedArt. 207 § 1 k.k.; Art. 17 § 1 pkt 2 k.p.k.: Acquittal is warranted when the victim lacks a dependency relationship with the accused, thereby negating the power imbalance essential for establishing abuse in domestic contexts.
Keywords
AI generated
domestic abuse charges
psychological and physical violence
dependency relationship
power imbalance requirement
acquittal due to lack of dependency
Cited Legislation
AI generatedArt. 207 § 1 k.k.
Art. 17 § 1 pkt 2 k.p.k.
Art. 640 § 1 k.p.k.
Art. 632 pkt 1 k.p.k.
Art. 618 § 1 pkt 11 k.p.k.
art. 387 k.p.k
art. 55 k.p.k
art. 330 § 2 k.p.k
art. 207 k.k
art. 207 § 1 k.k
Cited Case Law
AI generatedRelated Decisions
AI generatedII K 269/22
Court convicted defendant of attempted domestic violence and sentenced to 1 year 8 months imprisonment with a 5-year no-contact order.
II K 104/19
Domestic violence conviction results in combined six-month community service sentence for husband abusing wife.
II K 1493/19
Court convicted wife of psychological abuse and suspended sentence, convicted husband of threats and imposed ban.
II K 797/14
Court convicted defendant of psychological and physical abuse, suspending combined sentence on two-year probation.
II K 1559/19
Domestic violence conviction for psychological and physical abuse against wife with suspended sentence and no-contact order.