Legislator Case Law & Legislation
IV K 248/21 AI generated

Court imposes 6-year prison term for murder with minor mental impairment and alcohol influence.

Case Number IV K 248/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of intentional homicide and sentenced her to six years of imprisonment. Although the defendant had a minor limitation in recognizing the significance of her act and was under the influence of alcohol, these mitigating factors were deemed insufficient to reduce the statutory minimum penalty. The court determined that the severity of the crime and the lack of prior criminal record justified the full statutory minimum sentence.

Legislator headnote

AI generated

Art. 148 § 1 k.k.; Art. 53 k.k.; Art. 60 § 2 k.k.; Art. 60 § 1 and § 6 pkt 2 k.k.; Art. 63 § 1 and § 5 k.k.: A minor limitation in recognizing the significance of an act and the influence of alcohol constitute mitigating circumstances, but if the degree of illegality warrants the statutory minimum, the court must impose that minimum to satisfy public justice and preventive goals.

Keywords

AI generated
intentional homicide statutory minimum penalty minor mental impairment alcohol influence therapeutic system temporary detention exemption from costs

Cited Legislation

AI generated
Art. 148 § 1 k.k.
Art. 53 k.k.
Art. 60 § 2 k.k.
Art. 60 § 1 and § 6 pkt 2 k.k.
Art. 63 § 1 and § 5 k.k.
art. 387 k.p.k
art. 148 §1 k.k
art. 115 § 2 k.k
art. 53 k.k
art. 60 §2 k.k
AI generated

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