Legislator Case Law & Legislation
II K 101/17 AI generated

Court convicts defendant of tax offense for operating gambling machines without license and imposes suspended sentence.

Case Number II K 101/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of operating gambling machines without a license, constituting a tax offense under Polish law. The prosecution argued the defendant repeated the crime within five years of a prior conviction, while the defense sought leniency. The court rejected the recidivism aggravation but imposed a combined sentence of one year of imprisonment, suspended for four years, along with confiscation of seized assets.

Legislator headnote

AI generated

Ustawa o grach hazardowych; Kodeks karny skarbowy: The court established that operating gambling machines without a license constitutes a tax offense, and while prior convictions within five years do not automatically trigger recidivism aggravation, they are considered in sentencing discretion.

Keywords

AI generated
tax offense gambling suspended sentence recidivism aggravation gambling machines license confiscation of assets combined penalty execution court conviction

Cited Legislation

AI generated
Ustawa z 19 listopada 2009 roku o grach hazardowych
art. 107 § 1 kks
art. 37 § 1 pkt 4 kks
art. 4 § 1 kk
art. 39 § 1 kks
art. 85 § 1 kk
art. 20 § 2 kks
art. 30 § 5 kks
art. 69 § 1 i 2 kk
art. 70 § 1 pkt 1 kk
art. 73 § 1 kk

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