Legislator Case Law & Legislation
II K 108/24 AI generated

Court reduces sentence for insulting police officers from six to one month due to significant mental impairment.

Case Number II K 108/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Regional Court in Nys initially convicted the defendant of insulting police officers and sentenced him to six months in prison, noting his significant limited capacity for understanding. The District Court in Opole partially overturned this decision, reducing the prison term to one month while increasing the attorney's fees. The court applied Article 31 § 2 of the Criminal Code to mitigate the penalty based on the defendant's mental state.

Legislator headnote

AI generated

Art. 226 § 1 k.k.; Art. 31 § 2 k.k.: When a perpetrator acts with significantly limited capacity for understanding and controlling their conduct, the court may impose a mitigated punishment.

Keywords

AI generated
insulting police officers limited mental capacity mitigated punishment Criminal Code Art 226 Criminal Code Art 31

Cited Legislation

AI generated
Art. 226 § 1 k.k.
Art. 31 § 2 k.k.
Art. 46 § 1 k.k.
Art. 43 b k.k.
Art. 63 § 1 k.k.
Art. 29 ust. 1 ustawy o adwokaturze
Art. 624 § 1 k.p.k.
art. 226 § 1 k.k
art. 31 § 2 k.k
art. 46 § 1 k.k

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