Legislator Case Law & Legislation
II K 993/16 AI generated

Court grants conditional dismissal for theft of deceased partner's funds due to low social harm and restitution.

Case Number II K 993/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of theft but granted a conditional dismissal of the criminal proceedings for one year. The defendant stole approximately 721 PLN from his deceased partner's account using her card and PIN, arguing he was in a difficult situation after her death. The court found the social harm low and the defendant's prior record clean, justifying the dismissal while ordering restitution and fines.

Legislator headnote

AI generated

Art. 278 § 1 kk; Art. 66 § 1 kk; Art. 67 § 1 kk; Art. 67 § 3 kk: Theft of funds from a deceased person's account without breaking security measures may be punished with a conditional dismissal if the social harm is minor and the offender has compensated the loss.

Keywords

AI generated
theft of funds conditional dismissal deceased partner bank card misuse social harm assessment restitution order criminal proceedings

Cited Legislation

AI generated
Art. 278 § 1 kk
Art. 12 kk
Art. 66 § 1 kk
Art. 67 § 1 kk
Art. 67 § 3 kk
Art. 39 pkt 7 kk
Art. 627 kpk
Art. 629 kpk
Art. 7 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text