II K 92/18
AI generated
Court sentenced defendant to six months imprisonment for fraud and recidivism under Polish Criminal Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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
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