Legislator Case Law & Legislation
IX Ka 245/14 AI generated

Court reduced fine to contempt of court penalty for unauthorized public poster placement in Poland.

Case Number IX Ka 245/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court modified the first-instance judgment by reducing the defendant's fine to a penalty of contempt of court. The defendant appealed, arguing the act did not fully meet the statutory definition of the offense and that procedural errors occurred. The court rejected these claims, upholding the factual findings of unauthorized poster placement while applying special leniency due to the defendant's prior good record and the specific circumstances of the conflict.

Legislator headnote

AI generated

Art. 63a § 1 kw; Art. 39 § 1, 2 kw; Art. 36 § 1 kw: The court may apply special leniency and substitute a penalty of contempt of court for a fine when the offender has a good personal record and the specific circumstances warrant it, even if the act technically constitutes the offense.

Keywords

AI generated
unauthorized poster placement contempt of court penalty special leniency good personal record public order violation appellate review substitution of fine

Cited Legislation

AI generated
Art. 63a § 1 kw
Art. 39 § 1 kw
Art. 39 § 2 kw
Art. 36 § 1 kw
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 2 k.p.k.
Art. 437 § 1 k.p.k.
Art. 109 § 2 k.p.w.
Art. 635 k.p.k.
Art. 119 k.p.w.

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