Legislator Case Law & Legislation
II K 449/16 AI generated

Court convicts defendant of property damage with limited capacity, imposing fine and restitution order.

Case Number II K 449/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of intentional property damage while noting his significantly limited capacity for understanding and acting. The prosecution argued for a fine and full restitution, which the court upheld by applying the relevant criminal code provisions. Consequently, the defendant was sentenced to a daily fine and ordered to pay the full value of the damaged vehicle parts.

Legislator headnote

AI generated

Art. 288 § 1 kk; Art. 31 § 2 kk; Art. 37a kk; Art. 33 § 3 kk; Art. 46 § 1 kk: A person with significantly limited capacity for understanding and acting remains criminally liable for intentional property damage but may receive mitigated punishment and must still compensate for the victim's losses.

Keywords

AI generated
intentional property damage limited criminal capacity daily fine imposition civil compensation order state cost coverage

Cited Legislation

AI generated
Art. 288 § 1 kk
Art. 31 § 2 kk
Art. 37a kk
Art. 33 § 3 kk
Art. 46 § 1 kk

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