Legislator Case Law & Legislation
II K 680/15 AI generated

Court imposes six-month prison sentence for vehicle damage, rejecting probation due to prior convictions.

Case Number II K 680/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted two defendants of intentionally damaging a vehicle and sentenced them to six months of imprisonment each. The prosecution argued that the defendants acted with direct intent while under the influence of alcohol, noting their history of prior convictions for similar property crimes. The court rejected the possibility of suspending the sentence because the defendants had previously been sentenced to imprisonment, which legally precludes probation under the relevant criminal code provisions.

Legislator headnote

AI generated

Art. 288 § 1 k.k.; Art. 69 § 1 k.k.: A suspended sentence for imprisonment is not applicable when the offender has previously been sentenced to imprisonment, as this status excludes the possibility of probation.

Keywords

AI generated
intentional property damage suspended sentence prohibition prior imprisonment conviction joint criminal act criminal liability assessment

Cited Legislation

AI generated
Art. 288 § 1 k.k.
Art. 64 § 1 k.k.
Art. 69 § 1 k.k.
Art. 70 § 1 k.k.
Art. 72 § 1 pkt 2 k.k.
Art. 46 § 1 k.k.
Art. 627 k.p.k.
Art. 633 k.p.k.
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 288 § 1 k.k

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