Legislator Case Law & Legislation
II K 281/22 AI generated

Court acquits on threats but convicts on property damage and minor assault with combined fine.

Case Number II K 281/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant of the charge of threatening to kill but convicted her of intentional property damage and minor bodily injury. The prosecution argued that the defendant's entry into the home and destruction of electronics constituted a severe threat to life, while the defense contested the gravity of the threat. The court rejected the threat charge due to lack of sufficient evidence regarding the defendant's intent to actually kill, yet found the physical destruction of property and the resulting injuries proven beyond reasonable doubt.

Legislator headnote

AI generated

Art. 190 § 1 k.k.; Art. 193 k.k.; Art. 288 § 1 k.k.; Art. 157 § 2 k.k. - A threat to kill requires proof of specific intent to cause death; mere entry into a home and property destruction, while criminal under separate statutes, does not automatically constitute a threat to life if the intent to kill is not established.

Keywords

AI generated
threats to kill intentional property damage minor bodily injury combined punishment civil compensation

Cited Legislation

AI generated
Art. 190 § 1 k.k.
Art. 193 k.k.
Art. 288 § 1 k.k.
Art. 157 § 2 k.k.
Art. 91 § 1 k.k.
Art. 85 § 1 k.k.
Art. 86 § 1 i 2 k.k.
Art. 91 § 2 k.k.
Art. 46 § 2 k.k.
art. 85 § 1 k.k

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