Legislator Case Law & Legislation
II K 156/21 AI generated

Court convicted defendants of assault and threats, suspending sentences on probation due to personal circumstances.

Case Number II K 156/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted two defendants of assault and threats, sentencing them to imprisonment but suspending the execution of these sentences on probation. The prosecution argued for harsher penalties given the use of weapons and the nature of the violence, while the court considered the defendants' age, health, and prior lack of criminal record. Ultimately, the court determined that probation was a sufficient guarantee of future law-abiding behavior, thus avoiding the need for immediate custodial sentences.

Legislator headnote

AI generated

Art. 158§1 kk; Art. 190§1 kk; Art. 46§2 kk; Art. 69§1 kk; Art. 70§1 kk; Art. 72§1 pkt 1 kk: The court may suspend the execution of a custodial sentence on probation when the offender's personal circumstances and the nature of the crime indicate that immediate imprisonment is not necessary to ensure future compliance with the law.

Keywords

AI generated
conditional suspension of sentence probation period assault with weapon threats of violence combined punishment victim compensation criminal liability

Cited Legislation

AI generated
Art. 158§1 kk
Art. 190§1 kk
Art. 46§2 kk
Art. 69§1 kk
Art. 69§2 kk
Art. 70§1 kk
Art. 72§1 pkt 1 kk
Art. 85§1 kk
Art. 86§1 kk
Art. 624§1 kpk
Art. 627 kpk
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text