II K 322/18
AI generated
Court convicts business owner for persistent labor law violations and fines him for unpaid social security contributions.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant, S. W., of persistently violating labor rights by failing to remit social security contributions totaling over 106,000 zł. The prosecution argued that the nine-month duration and the significant financial loss constituted a crime under Article 218 of the Criminal Code. The court upheld the conviction, noting the defendant's confession and repayment efforts as mitigating factors, while imposing an 80-day fine and ordering restitution to the victim.
Legislator headnote
AI generatedArt. 218 § 1a k.k.; Art. 33 § 1, 3 k.k.; The court established that persistently failing to remit social security contributions constitutes a crime punishable by a fine, with sentencing adjusted based on confession, repayment, and the number of victims.
Keywords
AI generated
persistent labor law violation
social security contributions
Criminal Code Article 218
unpaid employee benefits
criminal fine sentencing
restitution order
confession mitigation
Cited Legislation
AI generatedArt. 218 § 1a k.k.
Art. 33 § 1, 3 k.k.
Art. 46 § 1 k.k.
Art. 627 k.p.k.
Art. 3 ust. 1 ustawy z dnia 23.06.1973r. o opłatach w sprawach karnych
Related Decisions
AI generatedII K 767/21
Court dismisses prosecution for social security fraud due to expiration of criminal statute of limitations.
XI W 186/17
Court convicted company of social insurance evasion and imposed a 600 PLN fine with health issues considered only for sentencing.
II W 865/15
Court finds shareholder guilty of social insurance contributions evasion and imposes fine under Social Insurance Act.
VII Ka 940/25
Court dismisses prosecution for past social security violations due to statute of limitations but convicts for recent acts.
II K 1210/16
Court dismissed criminal charges for social security evasion due to low social harm and full restitution of debts.