Legislator Case Law & Legislation
IX Ka 613/15 AI generated

Court orders defendant to pay 380 PLN damages for property damage despite prior acquittal on costs.

Case Number IX Ka 613/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court modified the first-instance judgment to order the defendant to pay 380 PLN in damages to the victim for property damage. Although the lower court found the defendant guilty but exempted him from litigation costs, the victim appealed, arguing the court should have ordered compensation under the relevant criminal code provisions. The appellate court rejected the lower court's reasoning that insufficient data prevented a damages assessment, noting that the court had already established the specific loss amount and thus failed to fulfill its duty to order compensation.

Legislator headnote

AI generated

Art. 124 § 4 kw; Art. 28 § 4 kw; If a court of first instance finds a defendant guilty of property damage and establishes the specific amount of loss, it must order compensation; failure to do so constitutes an error in judgment warranting appellate intervention.

Keywords

AI generated
property damage compensation criminal procedure appeal litigation costs exemption appellate court modification victim's civil claim

Cited Legislation

AI generated
Art. 124 § 4 kw
Art. 28 § 4 kw
Art. 437 § 2 k.p.k.
Art. 109 § 2 k.p.s.w.
Art. 118 § 1 k.p.k.

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