Legislator Case Law & Legislation
II K 404/15 AI generated

Court acquits on theft of wallet but convicts on ATM withdrawal, sentencing with probation and partial restitution.

Case Number II K 404/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant of stealing a wallet and its contents but convicted her of withdrawing money from an ATM using a stolen card and PIN. While the prosecution argued for a harsher penalty, the court noted her first-time offender status and severe family circumstances, including a child with a life-threatening illness. Consequently, the court imposed a six-month suspended sentence, ordered partial restitution to the victim, and waived court costs due to the defendant's financial hardship.

Legislator headnote

AI generated

Art. 278 § 1 kk; Art. 279 § 1 kk: The court distinguishes between attempted theft of property and completed theft via ATM withdrawal, applying leniency based on the defendant's personal situation and lack of prior record to impose a suspended sentence.

Keywords

AI generated
theft of wallet ATM withdrawal suspended sentence partial restitution court costs waiver first-time offender family hardship

Cited Legislation

AI generated
art. 278 § 1 kk
art. 279 § 1 kk
art. 4 § 1 kk
art. 69 § 1 kk
art. 70 § 1 pkt. 1 kk
art. 46 § 1 kk
art. 624k § 1 kpk
art. 17 ust. 1 ustawy o opłatach w sprawach karnych

Cited Case Law

AI generated
wyrok II K 950.15
AI generated

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