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II K 361/23 AI generated

Court convicted partner of assault with fine and compensation despite partial self-defense claim.

Case Number II K 361/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant, M.K., of assault against his partner A.K., finding her injuries proven by medical evidence and witness testimony. Although the defense argued the victim provoked the fight and the defendant only pushed back, the court rejected this, noting the defendant's physical advantage and failure to stop after being struck. Consequently, the court imposed a fine of 125 daily rates and ordered 1,000 PLN in compensation, while also awarding the victim the legal costs of the proceedings.

Legislator headnote

AI generated

Art. 109 k.k.; Art. 147 k.k.; Art. 46§1kk k.k.: The court established that a partner's assault does not justify excessive retaliation, and partial provocation is insufficient to negate criminal liability when the accused causes real harm with full awareness.

Keywords

AI generated
domestic assault criminal liability provocation defense compensation order legal costs fine imposition partner violence

Cited Legislation

AI generated
Art. 109 k.k.
Art. 147 k.k.
Art. 46§1kk k.k.
Art. 58 k.k.
Art. 628 pkt 1 i pkt 2 k.p.k.
art. 58 k.k
AI generated
II K 623/20
Court convicts defendant of negligent injury causing temporary disability and imposes fine and compensation.
II K 110/23
Court acquits defendant of assault charges, ruling self-defense was valid against unlawful entry.
II K 46/18
Domestic violence conviction upheld with prison sentence and therapeutic execution due to alcohol dependency.
II K 766/14
Court convicted defendant of assault and harassment but imposed only a fine due to victim's conduct and lack of serious consequences.
X K 819/15
Court acquits five defendants in a domestic dispute case due to insufficient evidence proving specific intent and identity of the aggressor.

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