Legislator Case Law & Legislation
IV Ka 280/15 AI generated

Appeal dismissed; court upheld conviction for intentional damage to a phone where the victim had standing to report the crime.

Case Number IV Ka 280/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against a first-instance conviction for intentional damage to a mobile phone. The defense argued the victim lacked standing to report the crime and that the court erred in factual findings regarding the incident. The court rejected these claims, ruling that the victim, as a possessor whose legal interest was infringed, had the right to initiate criminal proceedings and that the lower court's factual assessment was logically sound and supported by witness testimony.

Legislator headnote

AI generated

Art. 124 § 1 k.w.; Art. 25 § 1 k.p.o.; The victim of intentional damage to a movable property is considered a person entitled to report the crime if their legal interest was directly infringed, regardless of ownership status, and factual errors in the first instance require logical reasoning defects rather than mere disagreement with evidence evaluation.

Keywords

AI generated
intentional damage to property standing to report crime victim status in criminal law factual findings on appeal logical reasoning in judgments

Cited Legislation

AI generated
Art. 124 § 1 k.w.
Art. 25 § 1 k.p.o.
Art. 119 k.p.o.
art. 710 k.c
art. 49 § 1 k.p.k
art. 40 § 1 k.p.k

Cited Case Law

AI generated
I KZP 10/02
II KR 355/74
I KR 197/74
II Akr 1/92
II Akr 134/92
II AKa 138/00

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