38-year-old Karolina P. will not go to prison for her husband. The prosecution sought eight years in prison, but the courts of two instances acquitted her of the charges.
Defense necessary. Where are its limits?
The court found that Karolina P. acted in self-defense. The Penal Code says that every person has the right to defend themselves when someone attacks them and there are no other ways to solve the situation or avoid a clash.
He does not commit a crime who, in self-defense, repels a direct, unlawful attack on any good protected by law.
The third paragraph reads:
It is not punishable who exceeds the limits of self-defence under the influence of fear or agitation justified by the circumstances of the attack.
Karolina P. killed her husband. The man was drunk and aggressive
On June 23, 2020, in the village of Przybysławice near Krakow, Marcin P. attempted to rape his wife Karolina P., who out of fear reached for and hit him in the arm. The man was drunk and extremely violent. The woman struck again. This time it hit the chest, which was the direct cause of death. Paramedics called to the scene tried to revive life functions, but in vain.
Karolina P. was arrested for six months. The prosecution asked for an eight-year prison sentence, but the Kraków Regional Court and the Court of Appeal rejected the request and acquitted the woman of the murder charge, finding that she acted in self-defense. The prosecutor filed a motion to reconsider the case, but the Supreme Court rejected it, and Karolina P. was fully acquitted.
They were acquitted of the murder charge. The case of Karolina P. is not the first such case in Poland
The case of Karolina P. is not the only one. It happens that self-defence used by women against violent men ends in homicide.
One example is the case of 18-year-old Alicja K., who, while returning from her mother, got into a car with a man offering a ride. The girl agreed and together with her new acquaintance, she went for an alcoholic libation to his house. She killed him out of passion when he tried to rape and beat her. She stabbed him to death with the knife. The court found her innocent.
Agnieszka D. killed her husband when he was swinging an ax over their daughter’s bed, and then he threw himself at his wife and began to strangle her. The woman grabbed a knife and stabbed the man in the stomach. He died before the ambulance arrived. Agnieszka D. was accused of murder, but due to the fact that she was a victim of domestic violence, the court acquitted her.
Hanna W. hit her husband straight in the heart. The court found her innocent, as she committed the murder under the influence of strong agitation justified by the circumstances. There were numerous fights in Hanna W.’s family. Her husband abused her mentally and physically. During one of the quarrels, the woman killed him.
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