II K 71/19 AI generated

Court imposes 1 year 3 months prison sentence for burglary and theft with recidivism aggravation.

Case Number II K 71/19

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2019-07-31

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of attempted burglary and completed theft with property destruction, applying recidivism and aggravating circumstances. The prosecution argued for a harsher penalty due to the defendant's history of violence and lack of remorse, while the defense sought leniency citing confession and financial hardship. The court rejected the defense's request for reduced costs and imposed a one-year-three-month prison term, crediting two days of detention time.

Legislator headnote

AI generated

Art. 279 § 1 kk; Art. 288 § 1 kk; Art. 64 § 2 kk; Art. 91 § 1 kk; Art. 63 § 1 kk; Art. 624 § 1 k.p.k.; Art. 17 ust. 1 ustawy o opłatach w sprawach karnych: The court may impose a prison sentence for burglary and theft, increase the statutory maximum penalty due to recidivism, and credit detention time to the final term while exempting indigent defendants from court costs.

Keywords

AI generated

burglary with intent theft and property destruction recidivism aggravation prison sentence imposition detention time credit court costs exemption indigent defendant status