II Ka 479/23
AI generated
Court dismisses appeal against termination of proceedings due to negligible social harm and awards costs.
Poland (PL)
Legislator summary
AI generatedThe court partially allowed the defense's appeal by terminating criminal proceedings against the defendant due to the acts' negligible social harm. While the defense argued for acquittal based on technical cable damage, the court upheld the factual finding of guilt but applied the mitigation clause to end the case. Consequently, the appeal was granted regarding the termination, but the defendant was ordered to pay the prosecution's appeal costs.
Legislator headnote
AI generatedArt. 17 § 1 pkt 3 k.p.k.; Art. 1 § 2 k.k.: The court may terminate criminal proceedings when the social harm of the act is negligible, even if the act is proven.
Keywords
AI generated
negligible social harm
termination of proceedings
criminal appeal
procedural costs
telecom cable damage
mitigation clause
public prosecution costs
Cited Legislation
AI generatedArt. 17 § 1 pkt 3 k.p.k.
Art. 1 § 2 k.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 200 k.p.k
art. 7 k.p.k
art. 49 § 1 k.c
Cited Case Law
AI generatedRelated Decisions
AI generatedII K 400/16
Court grants conditional dismissal for property damage in apartment building dispute, citing low culpability and positive prognosis.
XI GC 627/22
Court allows partial claim for fiber optic cable repair costs, applying deductible and cost-sharing rules.
I C 639/15
Plaintiff's claim dismissed due to failure to prove debt existed against the specific defendant named in the case.
IV Ka 737/13
Court partially allows appeal on factual findings regarding cable theft quantity but dismisses request for lighter sentencing.
I C 796/16
Court dismissed claim for telecom debt as statute of limitations expired three years after debt became due.