Legislator Case Law & Legislation
II K 74/17 AI generated

Court convicts gambling machine operator of illegal operation and imposes suspended prison sentence with fine.

Case Number II K 74/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of illegally operating gambling machines in violation of the Gambling Act and prior criminal convictions. The prosecution argued for a strict penalty due to the defendant's recidivism and high income, while the defense likely contested the severity or procedural aspects. The court found the defendant guilty, imposed a five-month suspended prison sentence and a fine, reasoning that the suspended term would serve as an effective deterrent given the defendant's financial capacity.

Legislator headnote

AI generated

Art. 107 § 1 kks; Art. 37 § 1 pkt 4 kks; Art. 91 § 1 kk; Art. 69 § 1 kk; Art. 70 § 1 kk; Art. 20 § 2 kks; Art. 30 § 5 kks: The court may impose a suspended prison sentence for gambling offenses committed within five years of a prior fine, provided the defendant's financial situation allows for effective deterrence and the suspension serves individual and general prevention goals.

Keywords

AI generated
illegal gambling machines recidivism five years suspended prison sentence gambling act violation criminal fine calculation confiscation of evidence procedural costs

Cited Legislation

AI generated
Art. 107 § 1 kks
Art. 9 § 3 kks
Art. 37 § 1 pkt 4 kks
Art. 91 § 1 kk
Art. 23 § 1 kks
Art. 23 § 3 kks
Art. 69 § 1 kk
Art. 70 § 1 kk
Art. 20 § 2 kks
Art. 30 § 5 kks
Art. 2 ust. 1 pkt 2 ustawy o opłatach w sprawach karnych
Art. 3 ust. 1 ustawy o opłatach w sprawach karnych
Art. 21 pkt 1 ustawy o opłatach w sprawach karnych
Art. 627 kpk
Art. 113 § 1 kks

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text