III K 110/13
AI generated
Court partially allowed costs for tax crime defendants based on financial means and family obligations.
Legislator summary
AI generatedThe court partially allowed the prosecution's request to shift court costs to the defendants, R. W. and K. W., and their associates. While some defendants had assets, the court noted that others relied on small pensions, had dependents, or faced risks of asset seizure abroad. Consequently, the court ordered each defendant to pay only a portion of the costs, balancing the need for recovery with the defendants' actual financial capacity.
Legislator headnote
AI generatedArt. 624 § 1 k.p.k.; Art. 17 ust. 1, 2 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych: The court may order a defendant to pay only a part of the court costs if their financial situation, family obligations, or the risk of asset seizure abroad makes full payment unreasonable.
Keywords
AI generated
court costs allocation
financial means assessment
family obligations
tax crime defendants
partial cost burden
Cited Legislation
AI generatedArt. 624 § 1 k.p.k.
Art. 17 ust. 1 and 2 of the Act of 23 June 1973 on fees in criminal proceedings
art. 258§3 k.k
art. 258§1 k.k
art. 65§1 k.k
art. 91§3 k.k
art. 54§1 k.k
art. 6§2 k.k
art. 38§2 pkt 1 k.k
art. 65§3 k.k
Cited Case Law
AI generatedIII KK 366/10
Supreme Court quashes appeal for differing victim identity but allows re-trial on same historical event facts.
II KK 304/06
IV KK 376/05
IV KK 194/2006
III KK 217/12
II KK 221/08