II K 1023/18
AI generated
Court convicted defendant of misappropriation under Art. 284 § 2 KK for failing to return leased vehicle.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant, P. K., of misappropriation (art. 284 § 2 kk) for failing to return a leased vehicle after the lessor demanded its return. The prosecution argued that the defendant's refusal to return the car constituted misappropriation, while the defense claimed he had assurances to pay off the lease. The court rejected the defense's claim, finding the defendant's behavior met the legal elements of misappropriation due to the lack of return.
Legislator headnote
AI generatedArt. 284 § 2 kk; Misappropriation differs from theft by the absence of taking possession of property already in the perpetrator's control, allowing for the misappropriation of rented or entrusted items where the perpetrator refuses to return them.
Keywords
AI generated
misappropriation
Art. 284 § 2 kk
leased vehicle
criminal conviction
property return
possession elements
criminal liability
Cited Legislation
AI generatedArt. 284 § 2 kk
Art. 627 § 1 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedXII K 65/20
Court convicted defendant of theft of leased vehicle, sentencing to two years prison and fine.
II K 1569/21
Court acquits defendant of embezzlement due to lack of intent to permanently deprive owner of property.
III K 966/16
Court acquits defendant of criminal misappropriation, ruling civil breach of lease does not prove criminal intent to deprive owner of control.
II K 194/21
Court acquits defendant of misappropriation in lease dispute, ruling criminal law is subsidiary to civil remedies.
III K 273/22
Court convicted defendant of embezzlement, suspended sentence for three years with reporting obligation.