V K 81/16
AI generated
Court convicted defendant of theft for cutting neighbor's trees with intent to appropriate, sentencing to fine and restitution.
Legislator summary
AI generatedThe court convicted the defendant of theft for cutting 23 willow trees on his neighbor's land with the intent to appropriate them for firewood. The prosecution argued the defendant knowingly cut trees outside his property boundaries while hoping no one would intervene, and the court found this intent to appropriate established by his actions and statements. Consequently, the court imposed a fine of 50 daily rates and ordered full restitution of the damaged property value to the victim.
Legislator headnote
AI generatedArt. 278 § 1 kk; Art. 290 kk: The act of cutting trees on land not classified as a forest or woodland, performed with the direct intent to appropriate the timber, constitutes the crime of theft under Article 278 § 1 of the Criminal Code.
Keywords
AI generated
theft of timber
intent to appropriate
forest land definition
criminal restitution
daily fine penalty
Cited Legislation
AI generatedArt. 278 § 1 kk
Art. 37a kk
Art. 33 § 1 kk
Art. 33 § 3 kk
Art. 46 § 1 kk
Act on fines in criminal proceedings of 23 June 1973