Legislator Case Law & Legislation
III K 867/19 AI generated

Court acquits defendant of illegal drug sales due to insufficient evidence proving intent to sell.

Case Number III K 867/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, T. B., of charges under Article 126b of the Pharmaceutical Law for selling medicinal products. The prosecution alleged sales to pharmaceutical wholesalers between February and December 2015, but the defense argued that the evidence failed to establish the specific intent required for the crime. The court ruled that without proof of the defendant's subjective intent to sell, the elements of the offense were not met, leading to a not-guilty verdict.

Legislator headnote

AI generated

Art. 126b Prawa farmaceutycznego; Art. 203 k.k.: The court established that conviction for illegal sale of pharmaceutical products requires proof of the specific intent to sell, which is absent when evidence only shows possession without demonstrable intent to transfer ownership.

Keywords

AI generated
illegal sale of pharmaceuticals subjective intent requirement insufficient evidence standard Pharmaceutical Law Article 126b criminal acquittal due to intent

Cited Legislation

AI generated
Art. 126b of the Pharmaceutical Law of 6 September 2001
Art. 632 para. 2 of the Code of Criminal Procedure
art. 632 pkt 2 k.p.k

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