Legislator Case Law & Legislation
II K 385/14 AI generated

Court acquits one defendant of theft with breaking and enters while convicting another of concealing stolen goods.

Case Number II K 385/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted P. K. of theft with breaking and enters due to insufficient evidence of the break-in and lack of intent at the time of the crime. Conversely, P. C. was convicted of concealing stolen goods for accepting and storing the vehicle, though the court noted the act occurred after the theft was completed. The decision relied on Supreme Court precedent prohibiting the re-characterization of a completed theft as concealment when the facts do not match the specific elements of the new charge.

Legislator headnote

AI generated

Art. 279 § 1 k.k.; Art. 291 § 1 k.k.: A completed theft cannot be re-characterized as concealment of stolen goods if the defendant's actions occurred after the theft and do not fit the specific elements of the concealment offense.

Keywords

AI generated
theft with breaking and enters concealment of stolen goods insufficient evidence intent requirement re-characterization of crime acquittal conviction

Cited Legislation

AI generated
Art. 279 § 1 k.k.
Art. 291 § 1 k.k.
Art. 37a k.k.
Art. 627 k.p.k.
Art. 632 pkt 2 k.p.k.
art. 279 § 1 k.k
art. 291 § 1 k.k
art. 632 pkt 2 k.p.k
art. 627 k.p.k
art. 278 § 1 k.k

Cited Case Law

AI generated

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