II K 374/18
AI generated
Court acquits defendant of fraud for falsified map, ruling intent to obtain funds was absent.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedSA 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