Legislator Case Law & Legislation
II K 103/13 AI generated

Court sentenced defendant to 10 months imprisonment for two shoplifting offenses, rejecting leniency due to prior record and lack of remorse.

Case Number II K 103/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of two counts of shoplifting under Article 278 of the Criminal Code and sentenced him to a combined ten-month prison term. The prosecution argued for six months per count, while the court found aggravating circumstances including the defendant's prior record and the fact that he was caught on surveillance despite allegedly confessing. The court rejected mitigating factors such as the confession because the defendant's image was clearly fixed on security footage, indicating a disregard for legal order.

Legislator headnote

AI generated

Art. 278 § 1 kk; Art. 85 kk; Art. 86 § 1 kk; Art. 63 § 1 kk; Art. 44 § 2 kk; Art. 624 § 1 k.p.k.; Art. 17 ust. 1 ustawy o opłatach w sprawach karnych: A court may impose a combined prison sentence for multiple thefts, disregarding a confession as a mitigating factor if the defendant's identity was clearly established by surveillance evidence, thereby demonstrating a continued disregard for the rule of law.

Keywords

AI generated
shoplifting combined sentence prior record confession validity security footage Criminal Code prison term

Cited Legislation

AI generated
Art. 278 § 1 kk
Art. 85 kk
Art. 86 § 1 kk
Art. 63 § 1 kk
Art. 44 § 2 kk
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 624 § 1 k.p.k

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