II K 513/17
AI generated
Court convicts gambling machine operator of tax crime, rejecting defense's claim of legal error due to lack of awareness.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of a tax crime related to operating gambling machines in violation of the Gambling Act. The defense argued that the defendant lacked knowledge of the law due to conflicting judicial interpretations, but the court rejected this. The court held that the defendant, acting as a professional in the industry, could not claim ignorance of the law and utilized the legal ambiguity for profit, thus establishing guilt.
Legislator headnote
AI generatedArt. 107 § 1 k.k.s.; Art. 10 § 4 KKS: A claim of error regarding the punishability of an act is not accepted when the accused, acting professionally, knowingly exploited a discrepancy in judicial practice rather than being unaware of the prohibition.
Keywords
AI generated
tax crime
gambling machines
error of law
professional negligence
conflicting jurisprudence
intent
confiscation of evidence
Cited Legislation
AI generatedArt. 107 § 1 k.k.s.
Art. 6 ust. 1 ustawy z dnia 19 listopada 2009 roku o grach hazardowych
Art. 9 § 3 k.k.s.
Art. 30 § 5 kks
Art. 31 § 5 kks
Art. 627 kpk
Art. 113 § 1 kks
art. 107 § 1 k.k
art. 9 § 3 k.k
art. 91 ust. 3 Konstytucji RP