Legislator Case Law & Legislation
VI K 1145/18 AI generated

Court sentenced defendant to 10 months of community service and ordered compensation for misappropriated company vehicle value.

Case Number VI K 1145/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of misappropriation and sentenced her to ten months of community service. The prosecution argued the defendant acted as an owner by performing legal acts to dispose of the vehicle, while the defense raised mitigating factors like marital conflict. The court rejected the defense's arguments regarding the nature of the act but acknowledged the defendant's financial situation and family responsibilities when determining the appropriate penalty.

Legislator headnote

AI generated

Art. 284 § 2 kk; Art. 37 a kk: Misappropriation of a company vehicle constitutes a crime punishable by imprisonment or community service, with the court balancing aggravating factors like high loss against mitigating circumstances such as marital disputes and financial hardship.

Keywords

AI generated
misappropriation of company vehicle community service sentence mitigating circumstances aggravating circumstances civil compensation order criminal liability proportionality of penalty

Cited Legislation

AI generated
Art. 284 § 2 kk
Art. 37 a kk
Art. 46 § 1 kk
Art. 627 kpk
Ustawa z dnia 23.06.1973r. o opłatach w sprawach karnych
§ 17 ust. 2 pkt 3 i § 20 Rozporządzenia MS z dnia 3.10.16r.
art. 387 k.p.k
AI generated

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