Legislator Case Law & Legislation
II W 47/23 AI generated

Court acquits defendant of property damage for self-help entry to shared garage.

Case Number II W 47/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, H.D., of charges for damaging a lock worth approximately 18 PLN. The defendant argued he cut the lock to access his own property in a shared garage after the tenant refused to return the key. The court ruled that the defendant's actions constituted lawful self-help under Polish law, as he had a right to access his property and the tenant had no authority to deny him entry.

Legislator headnote

AI generated

Art. 124 § 1 k.k.; Art. 206, 198, 343 § 2 k.c.; Art. 710, 712 k.c.; Art. 119 § 1 k.p.w.: Self-help justifies intentional destruction of property when necessary to restore possession of one's own rights against unlawful interference.

Keywords

AI generated
self-help defense property damage shared ownership possession rights unlawful interference criminal acquittal garage access

Cited Legislation

AI generated
Art. 124 § 1 k.k.
Art. 206 k.c.
Art. 198 k.c.
Art. 343 § 2 k.c.
Art. 710 k.c.
Art. 712 k.c.
Art. 119 § 1 k.p.w.

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