Legislator Case Law & Legislation
II K 210/21 AI generated

Court sentenced defendant to four months of community service for biting and threatening assault.

Case Number II K 210/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of two crimes: intentional bodily injury and threatening with violence, resulting in a combined sentence of four months of community service. The prosecution argued for a harsher penalty due to the high social harm and lack of remorse, while the defense requested conditional dismissal citing the victim's reconciliation and the couple's renewed relationship. The court rejected the defense's request for conditional dismissal because the defendant showed no genuine repentance and the circumstances warranted a punitive sentence to fulfill preventive and educational goals.

Legislator headnote

AI generated

Art. 217 § 1 kk; Art. 190 § 1 kk; Art. 85 § 1 kk; Art. 86 § 1 kk; Art. 66 kk; Art. 67 kk: The court established that when a defendant commits similar crimes involving violence and threats without expressing remorse or showing reflection on their conduct, the institution of conditional dismissal of criminal proceedings cannot be applied despite any subsequent reconciliation.

Keywords

AI generated
intentional bodily injury threatening with violence community service sentence conditional dismissal rejection high social harm lack of remorse combined punishment

Cited Legislation

AI generated
Art. 217 § 1 kk
Art. 190 § 1 kk
Art. 85 § 1 kk
Art. 86 § 1 kk
Art. 66 kk
Art. 67 kk
Art. 626 § 2 kpk
Art. 627 kpk
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 387 k.p.k
AI generated

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