Legislator Case Law & Legislation
VIII K 53/16 AI generated

Court convicts defendant of theft and sentences to community service restriction of freedom under Polish Criminal Code.

Case Number VIII K 53/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Warsaw convicted the defendant of theft and sentenced him to eight months of restriction of freedom with mandatory community service. The court found that the defendant acted with direct intent to steal property during a judicial auction execution, despite the low social harm involved. Consequently, the court applied the principle of non-custodial sentencing preference for minor offenses, opting for a non-isolatory penalty that balances individual and general prevention goals.

Legislator headnote

AI generated

Art. 278 § 1 k.k.; Art. 37a k.k.: In cases of theft punishable by imprisonment not exceeding eight years, the court may impose a fine or restriction of freedom instead of imprisonment if the circumstances warrant, provided the defendant acts with direct intent.

Keywords

AI generated
theft under Polish Criminal Code restriction of freedom penalty community service obligation non-custodial sentencing preference direct intent in theft judicial auction execution social harm assessment

Cited Legislation

AI generated
Art. 278 § 1 k.k.
Art. 37a k.k.
Art. 63 § 1 k.k.
Art. 624 § 1 k.p.k.
Art. 53 k.k.
art. 278 § 1 k.k
art. 63 § 1 k.k
art. 335 k.p.k
art. 7 k.p.k
art. 335 § 1 k.p.k

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