Legislator Case Law & Legislation
II K 634/16 AI generated

Court acquits one defendant of theft but convicts him of theft and criminal damage with combined sentence.

Case Number II K 634/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted defendant M.L. of the charge of theft regarding the first incident but convicted him of theft and criminal damage for the second and third incidents. While the prosecution argued for guilt on all counts, the court found insufficient evidence for the initial theft charge but established facts for the boat misuse and shop burglary. Consequently, the court imposed a combined prison sentence and ordered restitution for the proven damages.

Legislator headnote

AI generated

Art. 279 § 1 kk; Art. 289 § 2 kk; Art. 288 § 1 kk; Art. 11 § 2 kk; Art. 11 § 3 kk; Art. 85 § 1 kk; Art. 86 § 1 kk; Art. 46 § 1 kk; Art. 63 § 1 kk; Art. 230 § 2 kpk; Art. 624 § 1 kpk; The court may acquit a defendant of one charge while convicting them of others based on the same facts if the evidence supports the latter but not the former, allowing for a combined sentence and restitution.

Keywords

AI generated
theft conviction criminal damage joint crime acquittal combined sentence restitution order procedural outcome

Cited Legislation

AI generated
Art. 279 § 1 kk
Art. 289 § 2 kk
Art. 288 § 1 kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 85 § 1 kk
Art. 86 § 1 kk
Art. 46 § 1 kk
Art. 63 § 1 kk
Art. 230 § 2 kpk
Art. 624 § 1 kpk
Art. 17 ust. 1 ustawy z dnia 23.06.1973 roku o opłatach w sprawach karnych

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