ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
The law firm defended the client in proceedings concerning an offense under Article 190 § 1 of the Criminal Code, i.e., criminal threats. The client approached the law firm at the stage when the public prosecutor had already filed an indictment with the competent court. After analyzing the case file, a response to the indictment was prepared, which included a motion to discontinue the proceedings due to negligible social harm. The court conducting the proceedings granted the request and, at a hearing before the trial began, discontinued the criminal proceedings against the client, transferring the costs of the case to the State Treasury.
In its justification, the court emphasized, which the law firm also approves of, that pursuant to Article 1 § 2 of the Criminal Code, an act whose social harmfulness is negligible does not constitute a crime. It was emphasized that a procedural situation is possible in which, despite the perpetrator fulfilling the characteristics of a given type of prohibited act, the perpetrator’s act will not be considered a crime. It was pointed out that the possible reprehensibility of a given act is determined by the circumstances specified in Article 115 § 2 of the Criminal Code, i.e., among others, the manner and circumstances of the act, the perpetrator’s motivation, the type and nature of the violated good, and the form of intent.
The ruling is not final.