III K 259/23
AI generated
Court convicted defendant of aggravated assault and imposed ten-month prison sentence due to prior probation violation.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of aggravated assault and imposed a ten-month prison sentence. The prosecution argued that the defendant's prior conviction for a similar crime and the recent nature of the offense demonstrated a lack of repentance. The court agreed, noting that the defendant committed the assault during the probation period of a suspended sentence, which legally precluded a suspended sentence for the new crime.
Legislator headnote
AI generatedArt. 157 § 1 kk; Art. 69 § 1 kk: When a defendant commits a new crime during the probation period of a suspended sentence, the new offense must be punished with immediate execution of liberty deprivation, as the conditions for a suspended sentence are not met.
Keywords
AI generated
aggravated assault
probation violation
suspended sentence
liberty deprivation
prior conviction
criminal liability
court conviction
Cited Legislation
AI generatedArt. 157 § 1 kk
Art. 69 § 1 kk
Art. 230 § 2 kpk
Art. 627 kpk
Ustawa z dnia 23.06.1973 roku o opłatach w sprawach karnych
art. 387 k.p.k
art. 399 § 1 k.p.k
art. 157 § 1 k.k
art. 53 k.k
Related Decisions
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Court convicts defendant of intentional injury, suspends sentence, awards compensation and court costs.
II K 800/20
Court imposes disproportionate defense sentence and civil compensation for assault causing facial fractures.
II K 1074/16
Court convicted defendant of assault causing injury and sentenced to fine plus compensation.
II K 103/15
Court sentenced defendant to 8 months prison for assault, rejecting suspended sentence due to prior record and failed mediation.
II K 848/21
Court partially allowed assault claim, awarding 7,000 PLN damages for injuries sustained during workplace dispute.