Legislator Case Law & Legislation
IV Ka 350/16 AI generated

Appeal court acquits defendant on attempted theft charge due to lack of evidence proving intent.

Case Number IV Ka 350/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The appeal court overturned the lower court's conviction and acquitted the defendant of attempted theft. The prosecution alleged the defendant stole a mobile phone, but the defense successfully argued that the evidence failed to prove the specific intent required for the crime. Consequently, the court found the defendant not guilty and ordered the state to bear the litigation costs.

Legislator headnote

AI generated

Art. 66 § 1 k.w.; Art. 18 § 1 k.p.k.: The court established that a conviction for attempted theft requires proof of specific intent to permanently deprive another of property, and without such evidence, the accused must be acquitted.

Keywords

AI generated
attempted theft lack of intent acquittal on appeal burden of proof criminal procedure

Cited Legislation

AI generated
Art. 66 § 1 k.w.
Art. 18 § 1 k.p.k.

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