Legislator Case Law & Legislation
II K 374/18 AI generated

Court acquits defendant of fraud for falsified map, ruling intent to obtain funds was absent.

Case Number II K 374/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, a former mayor, of the crime of financial fraud for falsifying a land map. Although the prosecution argued the defendant intended to secure EU funding for a septic tank by drawing a non-existent building on the map, the court found no evidence of this specific intent. The court ruled that since the funding criteria did not require existing construction, the falsification was legally irrelevant and lacked the necessary criminal intent.

Legislator headnote

AI generated

Art. 297 § 1 kk; Art. 270 § 1 kk: The crime of financial fraud requires specific intent to obtain financial instruments; without proof that the falsified document was used for that purpose, the crime is not established.

Keywords

AI generated
financial fraud falsified map criminal intent EU funding acquittal

Cited Legislation

AI generated
§ 297 § 1 kk
§ 270 § 1 kk
§ 11 § 2 kk
art. 632 pkt 2 kpk
§ 11 ust. 2 pkt 3
§ 15 ust. 3 pkt 1

Cited Case Law

AI generated
SA w Gdańsku II AKa 254/08
SA w Katowicach II AKa 426/12
SA w Katowicach II AKa 25/13
SA we Wrocławiu II AKa 421/13
SA w Szczecinie II AKa 53/17
II OSK 1033/09

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