Legislator Case Law & Legislation
V K 115/16 AI generated

Court sentenced juvenile for theft with suspended sentence and court supervision despite prosecutor's omission.

Case Number V K 115/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court sentenced a juvenile defendant to one year of imprisonment, suspended for three years with court supervision, for stealing an engine. The defendant argued the theft was for personal gain, while the prosecutor failed to request specific obligations regarding the suspended sentence. The court ruled that a suspended sentence was appropriate given the defendant's age and the nature of the crime, noting the prosecutor's oversight regarding mandatory obligations.

Legislator headnote

AI generated

Art. 278 § 1 kk; Art. 69 § 1, 2 kk; Art. 70 § 2 kk; Art. 73 § 2 kk; Art. 46 § 1 kk; Art. 115 § 10 kk: A court may impose a suspended sentence on a juvenile offender for property crimes, and while the prosecutor must request specific obligations for suspended sentences, the court retains discretion to impose court supervision independently.

Keywords

AI generated
juvenile criminal liability suspended sentence theft of property court supervision prosecutor obligations compensatory measure minor offender sentencing

Cited Legislation

AI generated
Art. 278 § 1 kk
Art. 69 § 1, 2 kk
Art. 70 § 2 kk
Art. 73 § 2 kk
Art. 46 § 1 kk
Art. 115 § 10 kk
Art. 627 kpk
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

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