Legislator Case Law & Legislation
II K 4/15 AI generated

Court partially allowed criminal charges for false declaration and embezzlement, acquitting on embezzlement and dismissing civil suit.

Case Number II K 4/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of making a false declaration regarding property rights but acquitted him of embezzlement charges due to insufficient evidence. Consequently, the civil lawsuit filed by the victims was dismissed under the principle that a civil claim cannot proceed if the criminal accusation is unfounded. The defendant was sentenced to a fine and ordered to pay half of the court costs, with the state bearing the remainder.

Legislator headnote

AI generated

Art. 233 § 6 kk; Art. 32 ust. 4 pkt. 2 Prawa Budowlanego; Art. 415 § 2 kpk: A civil claim must be dismissed if the underlying criminal accusation is unfounded, and the defendant bears only the costs related to the proven criminal act.

Keywords

AI generated
false declaration embezzlement civil claim dismissal criminal conviction court costs allocation property rights building law

Cited Legislation

AI generated
Art. 233 § 6 kk
Art. 32 ust. 4 pkt. 2 Prawa Budowlanego
Art. 415 § 2 kpk
Art. 3 ust. 1 ustawy o opłatach w sprawach karnych
Art. 627 kpk
Art. 630 kpk

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