Legislator Case Law & Legislation
III K 328/20 AI generated

Court sentenced defendant to 8 years imprisonment for attempted incitement to murder in a detention center.

Case Number III K 328/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of attempted incitement to murder and sentenced him to eight years in prison. The prosecution argued that the defendant publicly threatened a victim in a detention center to incite others to kill him, while the defense contended otherwise. The court ruled that the defendant's prior criminal record and lack of mitigating circumstances justified the minimum statutory sentence for the completed crime, despite the victim's eventual safety.

Legislator headnote

AI generated

Art. 13 § 1 k.k.; Art. 148 § 1 k.k.; The court established that when an attempted incitement to murder fails due to protective police measures, the minimum statutory penalty for the completed crime may be applied if the offender lacks mitigating circumstances and exhibits a high degree of moral degradation.

Keywords

AI generated
attempted incitement to murder detention center crimes minimum statutory penalty prior criminal record lack of mitigating circumstances public threats police protection effect

Cited Legislation

AI generated
Art. 13 § 1 k.k.
Art. 18 § 2 k.k.
Art. 148 § 1 k.k.
Art. 190 § 1 k.k.
Art. 12 § 1 k.k.
Art. 11 § 2 k.k.
Art. 14 § 1 k.k.
Art. 19 § 1 k.k.
Art. 63 § 1 k.k.
art. 387 k.p.k
AI generated

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