VI K 215/15
AI generated
Court convicted defendant of theft recidivism under Polish Criminal Code for buying a stolen phone.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of theft recidivism, sentencing him to five months of imprisonment for purchasing a stolen mobile phone. The prosecution argued the purchase price was significantly lower than the phone's value, while the defendant claimed ignorance of the item's illicit origin. The court rejected the defense's credibility due to inconsistencies and found the defendant met the statutory requirements for recidivism.
Legislator headnote
AI generatedArt. 291 § 1 k.k.; Art. 64 § 1 k.k.; Art. 624 § 1 k.p.k.: A defendant who commits theft within five years of serving a sentence for a similar offense constitutes recidivism and shall be punished by imprisonment, with absolute execution deemed necessary due to the lack of preventive effect of prior sentences.
Keywords
AI generated
theft recidivism
stolen goods purchase
imprisonment sentence
criminal code provisions
prior conviction record
preventive function
absolute execution
Cited Legislation
AI generatedArt. 291 § 1 k.k.
Art. 64 § 1 k.k.
Art. 63 § 1 k.k.
Art. 624 § 1 k.p.k.
Cited Case Law
AI generatedSygn. akt VIII K 1262/07
Sygn. akt VIII K 1224/07
Sygn. akt VIII K 28/08
Sygn. akt II K 1021/11