II K 618/19
AI generated
Court corrects indictment date error and sets combined sentence at one year for theft.
Poland (PL)
Legislator summary
AI generatedThe court corrected a clerical error in the indictment regarding the date of the second theft, establishing it occurred on October 24, 2018, rather than September 24. The defendant was found guilty of theft committed within five years of a prior sentence, resulting in a combined penalty of one year of imprisonment. The court also awarded damages based on estimated values due to the inability to precisely quantify the stolen goods' worth.
Legislator headnote
AI generatedArt. 291 §1 kk; Art. 278 §1 kk; Art. 193 kk; Art. 64 §1 kk; Art. 12 §1 kk: When a theft is committed within five years of a prior sentence, a combined penalty is applied, and clerical errors in the indictment date may be corrected if no evidence contradicts the new date.
Keywords
AI generated
theft within five years
combined penalty
clerical error correction
indictment date
estimated damages
absorption of sentences
property crime
Cited Legislation
AI generatedArt. 291 §1 kk
Art. 278 §1 kk
Art. 193 kk
Art. 64 §1 kk
Art. 12 §1 kk
Art. 2 §1 pkt 3 kpk
Art. 5 §2 kpk
art. 387 k.p.k
Cited Case Law
AI generatedXXIII Kz 505/19
Related Decisions
AI generatedIX Ka 611/13
został oskarżony o to, że w okresie od 7 marca do 9 marca 2013 roku w G.
II AKa 236/12
Appeal dismissed; robbery conviction upheld; defense arguments rejected; costs awarded to state.
I KZP 7/25
Final criminal penalty for a fine offense bars subsequent prosecution under continuous offense provisions.
II K 151/21
Court convicts burglars of attempted theft, imposing prison time on one and community service on the other.
IX Ka 1555/13
Court partially allowed appeal by downgrading theft charge to misdemeanor and reducing prison sentence.