Legislator Case Law & Legislation
VI K 228/18 AI generated

Court dismisses theft charge for fallen timber where defendant lacked intent to permanently deprive owner of property.

Case Number VI K 228/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the defendant's charge of theft regarding fallen timber, ruling that the prosecution failed to prove the requisite intent to permanently deprive the owner. The defendant argued the wood was abandoned, while the prosecution claimed it was still owned by the forest service. The court determined that without evidence of the specific intent to appropriate the property, the elements of theft were not met.

Legislator headnote

AI generated

Ustawa o karych i postępkach karnych; Art. 179 k.k.: Theft requires specific intent to permanently deprive the owner of property, which is absent when the accused merely takes possession of abandoned or fallen items without such intent.

Keywords

AI generated
theft of fallen timber intent to deprive abandoned property criminal intent forest service ownership

Cited Legislation

AI generated
Art. 179 k.k.

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Full text

oskarżonego o to, że dokonał zaboru w celu przywłaszczenia drewna powalonego...