Legislator Case Law & Legislation
II K 392/15 AI generated

Court convicted defendant of fraud and imposed 8 months imprisonment for obtaining a loan through deception.

Case Number II K 392/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of fraud and sentenced him to eight months of imprisonment while ordering restitution of 1,000 zloty to the victim. The defendant deceived the victim's representative regarding employment and income to secure a loan, subsequently failing to repay it. The court applied the newer criminal code provisions because they were deemed more favorable to the defendant than the laws in effect at the time of the offense.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 297 § 1 k.k.; Art. 11 § 2 k.k.; Art. 64 § 1 k.k.; Art. 4 § 1 k.k.; Art. 46 § 1 k.k.; Art. 44 § 2 k.k.; The court must apply the newer criminal code if it is more favorable to the defendant, considering all sentencing factors including recidivism and the specific circumstances of the fraud.

Keywords

AI generated
fraudulent loan contract criminal recidivism deception of representative application of new law favorable legislation principle imprisonment sentence civil compensation order

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 297 § 1 k.k.
Art. 11 § 2 k.k.
Art. 64 § 1 k.k.
Art. 4 § 1 k.k.
Art. 46 § 1 k.k.
Art. 44 § 2 k.k.
Art. 624 § 1 k.p.k.

Cited Case Law

AI generated
SN, 12 March 1996, I KZP 2/96
SN, 3 December 2001, V KKN 67/01

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