Legislator Case Law & Legislation
II K 153/16 AI generated

Court sentenced accomplice to theft to fine and restitution while granting probation to active participants due to minor culpability.

Case Number II K 153/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted three defendants of theft and attempted theft, sentencing the instigator to a fine and restitution while granting probation to the active participants. The active participants were found guilty but received suspended sentences due to their minor culpability and lack of prior criminal record. The instigator, who did not physically commit the theft, was sentenced to a fine and ordered to repay the full value of stolen tools.

Legislator headnote

AI generated

Art. 284 § 1 k.k.; Art. 66 § 1, 2 k.k.; Art. 67 § 1, 3 k.k.; Art. 37a k.k.; Art. 46 § 1 k.k. The court established that accomplices who merely facilitate a crime without direct execution may receive suspended sentences if their culpability is minor, whereas the instigator who does not personally commit the theft faces a fine and restitution obligation.

Keywords

AI generated
joint criminal enterprise suspended sentence instigator liability restitution obligation minor culpability theft of tools probation period

Cited Legislation

AI generated
Art. 284 § 1 k.k.
Art. 66 § 1, 2 k.k.
Art. 67 § 1, 3 k.k.
Art. 37a k.k.
Art. 46 § 1 k.k.
Art. 63 § 1 k.k.
Art. 230 § 2 kpk
Art. 624 kpk
Art. 627 kpk
Art. 3 ust. 1 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych

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