II K 1313/19
AI generated
Court convicts defendant of theft under Art. 278 k.k. and imposes 8 months imprisonment with costs.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of theft under Article 278 of the Criminal Code and sentenced him to eight months of imprisonment. The prosecution proved the facts through the defendant's confession, witness testimony, and a search protocol, which the court found logical and corroborated. The court rejected the defense's arguments regarding the nature of the act and imposed costs due to the victim's request, noting the defendant's lack of income.
Legislator headnote
AI generatedArt. 278 § 1, 3 k.k.; Art. 64 § 1 k.k.; Art. 119 § 1 k.w.; The court established that the act constitutes theft when the defendant acts with direct intent to illegally appropriate property, and the value exceeds the threshold for a misdemeanor, resulting in criminal liability.
Keywords
AI generated
Theft Criminal Code
Direct Intent
Recidivism Conditions
Imprisonment Sentence
Legal Qualification
Cited Legislation
AI generatedArt. 278 § 1, 3 k.k.
Art. 64 § 1 k.k.
Art. 119 § 1 k.w.
§ 11 ust. 2 pkt 3 Rozporządzenia Ministra Sprawiedliwości z dnia 22.10.2015 r.
art. 387 k.p.k
art. 278 § 1 k.k
art. 64 § 1 k.k
Cited Case Law
AI generatedRelated Decisions
AI generatedII AKa 457/23
Appeal court vacates judgment due to judge's invalid appointment violating constitutional independence standards.
IX Ka 452/23
Court acquits defendant of theft by finding no intent due to lack of evidence and procedural errors.
IX Ka 473/23
Appeal dismissed; court upheld conviction and sentence against errors in legal qualification, procedure, facts, and proportionality.
IV Ka 195/24
Court modifies criminal ban on driving to exclude vehicles requiring category B license for defendant's employment.
VI Ka 543/20
Appeal court upheld conviction for attempted murder but exempted defendant from appeal costs, ordering state to pay.