Legislator Case Law & Legislation
V K 29/14 AI generated

Court convicts defendant of theft, imposes fine and restitution, and credits pre-trial detention to the penalty.

Case Number V K 29/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of theft and sentenced him to a fine of 50 daily rates, with pre-trial detention credited against this penalty. The prosecution argued for conviction based on the unauthorized appropriation of a mobile phone, while the defense presented expert opinions regarding the defendant's mental health and substance abuse. The court rejected the defense's mitigation claims as they did not negate criminal intent at the time of the offense, resulting in a guilty verdict with restitution ordered.

Legislator headnote

AI generated

Art. 284 § 2 kk; Art. 37a kk; Art. 33 § 1, 3 kk; Art. 46 § 1 kk; Art. 63 § 1 kk: The court established that mental health diagnoses or substance abuse do not preclude criminal liability if the defendant possessed the capacity to understand the significance of their act and control their conduct at the time of the offense.

Keywords

AI generated
theft of entrusted property criminal capacity assessment substance abuse defense pre-trial detention credit restitution obligation daily fine calculation mental health mitigation

Cited Legislation

AI generated
Art. 284 § 2 kk
Art. 37a kk
Art. 33 § 1, 3 kk
Art. 46 § 1 kk
Art. 63 § 1 kk
§ 14 Rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.
art. 627 kpk
art. 3 Ustawy z dnia 23 czerwca 1973r. o opłatach w sprawach karnych

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