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II K 756/19 AI generated

Court sentenced defendant to six months imprisonment suspended for one year for fraud with limited criminal responsibility.

Case Number II K 756/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of fraud and sentenced him to six months of imprisonment suspended for one year. The prosecution argued the defendant acted with premeditation to obtain a loan, while the defense claimed limited criminal responsibility due to mental state. The court accepted the fraud but applied a suspended sentence and restitution based on the defendant's limited capacity and financial situation.

Legislator headnote

AI generated

Art. 286 § 1 kk; Art. 31 § 2 kk; Art. 69 § 1 kk; Art. 70 § 1 kk; Art. 72 § 1 pkt 1 kk; Art. 46 § 1 kk: A defendant with significantly limited criminal responsibility may be convicted of fraud and sentenced to imprisonment suspended for a probation period, provided the social danger is mitigated and the defendant shows potential for rehabilitation.

Keywords

AI generated
fraud by deception limited criminal responsibility suspended sentence probation period restitution of damages court costs exemption financial hardship

Cited Legislation

AI generated
Art. 286 § 1 kk
Art. 31 § 2 kk
Art. 69 § 1 kk
Art. 70 § 1 kk
Art. 72 § 1 pkt 1 kk
Art. 46 § 1 kk
Art. 624 § 1 kpk
Art. 17 ust. 1 ustawy o opłatach w sprawach karnych
art. 387 k.p.k
AI generated
II K 1718/14
Court convicted defendant of property misappropriation via fraud, imposing suspended prison sentence and restitution.
IV K 240/16
Court imposes suspended prison sentence and orders defendant to pay court costs for fraud conviction.
XI Ka 757/19
Court partially allowed appeal, adding fraud charge for misrepresenting employment to secure a bank loan.
II K 896/14
Court convicted defendant of fraud and imposed prison sentence with restitution order due to prior record.
II AKa 7/17
Appeal court upholds prison sentence for bank fraud, rejecting suspended sentence due to general prevention needs.

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