Legislator Case Law & Legislation
II K 386/16 AI generated

Court convicts defendant of continuous property damage and robbery with violence, imposing combined prison sentence.

Case Number II K 386/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of continuous intentional damage to three vehicles and robbery with violence, resulting in a combined five-month prison sentence. The prosecution argued for continuous acts regarding the vehicle damage and a lesser offense for the robbery due to the low value of stolen goods, while the defendant admitted to the charges but refused to provide explanations. The court accepted the continuous act qualification for the vehicle damage and the lesser offense for the robbery, applying recidivism rules to increase the penalty for the robbery charge.

Legislator headnote

AI generated

Art. 288 § 1 kk; Art. 12 kk; Art. 281 kk; Art. 283 kk; Art. 64 § 2 kk: Multiple acts committed in short intervals with premeditation constitute a continuous offense; robbery with violence may be classified as a lesser offense if the value is minimal and the victim's reaction is considered; recidivism applies when similar intentional crimes are committed within five years after serving a minimum of one year.

Keywords

AI generated
continuous offense robbery with violence lesser offense recidivism prison sentence property damage combined penalty

Cited Legislation

AI generated
Art. 288 § 1 kk
Art. 12 kk
Art. 281 kk
Art. 283 kk
Art. 64 § 2 kk
Art. 63 § 1 kk
Art. 63 § 5 kk
Art. 85 kk
Art. 86 § 1 kk
Art. 46 § 1 kk
Art. 624 § 1 kpk
Art. 17 ust. 1 ustawy z 23 czerwca 1973 r o opłatach w sprawach karnych

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