II K 765/19
AI generated
Court convicted defendant of violating no-contact order via SMS and granted suspended sentence with community service.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of violating a court-ordered no-contact ban by sending irrelevant SMS messages and approaching the victim. While the defendant argued for leniency citing addiction treatment and the minor nature of the contact, the court found the violation proven. Consequently, the court imposed a five-month restriction of liberty with mandatory community service, deeming this proportionate given the defendant's prior record.
Legislator headnote
AI generatedArt. 244 k.k.; Art. 37a k.k.; Art. 624 § 1 k.p.k.: Violation of a no-contact order constitutes a crime punishable by restriction of liberty; courts may impose community service instead of imprisonment if the circumstances warrant and the penalty serves preventive goals.
Keywords
AI generated
violation of no-contact order
restriction of liberty
community service obligation
proportionality of punishment
criminal procedure costs
prior criminal record
SMS communication
Cited Legislation
AI generatedArt. 244 k.k.
Art. 37a k.k.
Art. 624 § 1 k.p.k.
art. 244 k.k
art. 387 k.p.k
art. 207 § 1 k.k
art. 624 § 1 k.p.k
Cited Case Law
AI generatedII KK 254/08
Related Decisions
AI generatedII K 14/23
Court convicted defendant of violating court-imposed proximity and contact bans, sentencing him to four months imprisonment.
II K 1659/19
Court convicted defendant of violating court-imposed contact ban by sending five SMS messages to victim.
III K 628/20
Court acquits defendant of violating no-contact order as calls were for parental duties and not against wife's will.