Legislator Case Law & Legislation
II K 1054/18 AI generated

Court convicts defendant of obstructing payment order execution by transferring assets, sentencing to ten months imprisonment suspended for two years.

Case Number II K 1054/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Legionow convicted the defendant of obstructing the execution of a payment order by transferring two vehicles to a third party. The prosecution argued this act endangered the creditor's claim of over 148,000 PLN, while the defense likely contested the intent or sufficiency of evidence. The court ruled that the transfer constituted a criminal offense under Article 300 of the Criminal Code and imposed a suspended sentence with daily fines.

Legislator headnote

AI generated

Art. 300 § 2 k.k.; Art. 69 § 1 k.k. in conjunction with Art. 70 § 1 k.k.; The transfer of assets to a third party with the intent to frustrate the execution of a payment order constitutes the crime of obstructing enforcement, punishable by imprisonment which may be suspended if the defendant shows repentance and poses no danger to society.

Keywords

AI generated
obstructing enforcement payment order execution asset transfer criminal liability suspended sentence creditor's rights fraudulent conveyance

Cited Legislation

AI generated
Art. 300 § 2 k.k.
Art. 69 § 1 k.k.
Art. 70 § 1 k.k.
Art. 72 § 1 pkt 1 k.k.
Art. 33 § 2 k.k.
Art. 624 § 1 k.p.k.
art. 72§1pkt 1 k.k
art. 33§ 2 k.k
art. 624 § 1 k.p.k

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