Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II K 290/16 AI generated

Court acquits one defendant but convicts two others of gambling crimes with fines.

Case Number II K 290/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court acquitted defendant A.R. of the charge of operating gambling machines without a license, ruling the evidence insufficient to prove guilt. Conversely, defendants P.R. and P.M. were convicted of the same offense and sentenced to daily fines based on their income and prior criminal records. The court determined that while A.R. lacked the necessary intent or evidence of operation, the other two defendants knowingly violated gambling laws, warranting punishment despite their arguments regarding the law's applicability.

Legislator headnote

AI generated

Art. 107 § 1 k.k.s.; Art. 23 § 1, 3 k.k.s.; Art. 113 § 1 k.k.s.; Art. 632 pkt 2 k.p.k.; Art. 633 k.p.k. - The court must evaluate evidence to determine if the elements of the crime are met; acquittal is warranted if guilt is not proven, while conviction requires establishing intent and culpability, with fines calibrated to the offender's means and prior record.

Keywords

AI generated
gambling machines operating without license fiscal crime acquittal of defendant daily fine sentencing criminal record assessment state property protection

Cited Legislation

AI generated
Art. 107 § 1 k.k.s.
Art. 23 § 1, 3 k.k.s.
Art. 113 § 1 k.k.s.
Art. 632 pkt 2 k.p.k.
Art. 633 k.p.k.
Art. 30 § 5 k.k.s.
Art. 4 of the Act of 12 June 2015 on amending the Act on gambling
AI generated
II K 84/12
Court conditionally dismissed gambling charge for minor offense with one-year probation and fine.
II K 83/15
Court convicted parents of running unlicensed slot machines, rejecting ignorance of law defense for professionals.
II KK 372/20
Supreme Court dismisses prosecution's appeal allowing defendant's acquittal on absorbed offenses due to clear lack of necessity for additional punishment.
II K 1033/16
Court convicted defendant of tax offense for operating slot machines without required gambling license.
II K 128/16
Court convicts defendant of operating unlicensed gambling machines and imposes combined fine.

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