Legislator Case Law & Legislation
V K 205/16 AI generated

Court convicts defendant of theft, imposes suspended sentence, orders yacht return and costs.

Case Number V K 205/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of theft and imposed an eight-month prison sentence suspended for two years. The prosecution argued the defendant stole a yacht to gain financial benefit, while the defense claimed the defendant was elderly and ill, making a harsh sentence inappropriate. The court rejected the defense's request for a lighter penalty, finding the defendant's intent clear and the health argument insufficient to modify the statutory sentencing guidelines.

Legislator headnote

AI generated

Art. 284 § 2 kk; Art. 69 § 1, 2 kk; Art. 70 § 1 kk; Art. 230 § 2 kpk: The court may impose a suspended sentence for theft even if the defendant argues health issues, provided the penalty does not exceed statutory limits; seized property must be returned to the rightful owner immediately after the criminal proceedings conclude.

Keywords

AI generated
theft conviction suspended sentence property return court costs defense argument health condition statutory limits

Cited Legislation

AI generated
Art. 284 § 2 kk
Art. 69 § 1, 2 kk
Art. 70 § 1 kk
Art. 33 § 2 kk
Art. 230 § 2 kpk
Art. 627 kpk
Ustawa z dnia 23 czerwca 1973r. o opłatach w sprawach karnych
art. 284 k.k

Cited Case Law

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