Legislator Case Law & Legislation
II K 92/18 AI generated

Court sentenced defendant to six months imprisonment for fraud and recidivism under Polish Criminal Code.

Case Number II K 92/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of fraud and recidivism, sentencing him to six months of imprisonment. The prosecution argued the defendant committed the crime within five years of completing a prior sentence, while the defense contested specific legal characterizations. The court upheld the conviction, noting the defendant's intent to profit and his history of similar offenses, but applied a mitigating circumstance for his confession.

Legislator headnote

AI generated

Art. 286 § 1 kk; Art. 64 § 1 kk: The court established that a defendant who commits fraud within five years of completing a prior sentence for a similar intentional crime constitutes recidivism, warranting a heavier penalty despite a confession.

Keywords

AI generated
fraudulent misrepresentation recidivism five years imprisonment sentence criminal liability victim compensation

Cited Legislation

AI generated
Art. 286 § 1 kk
Art. 64 § 1 kk
Art. 46 § 1 kk
Art. 624 § 1 k.p.k.
§ 4 ust. 3 w zw. z 17 ust. 2 pkt 3 Rozporządzenia Ministra Sprawiedliwości z dnia 03.10.2016 roku
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