Legislator Case Law & Legislation
II K 462/19 AI generated

Court partially acquitted defendant of fraud charges, convicting on one count and ordering restitution.

Case Number II K 462/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court acquitted the defendant of two fraud charges but convicted him of one count of fraud under Polish Criminal Code Article 286. The defendant argued he lacked intent to permanently deprive victims of their money, while the prosecution claimed he acted with premeditated intent to cause financial loss. The court found insufficient evidence for the acquittal charges but established guilt for the third count based on the defendant's failure to fulfill the contract despite receiving advance payments.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 37a § 1 k.k.; Art. 4 § 1 k.k.; Art. 46 § 1 k.k.; Art. 618 § 1 pkt. 11 k.p.k.; Art. 624 § 1 k.p.k. - Where a defendant's intent to permanently deprive the victim of property is not proven for some charges but is established for others, the court may acquit on the former while convicting and sentencing on the latter, including ordering restitution and imposing community service.

Keywords

AI generated
fraud intent criminal conviction partial acquittal restitution order community service Criminal Code procedural costs

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 37a § 1 k.k.
Art. 4 § 1 k.k.
Art. 46 § 1 k.k.
Art. 618 § 1 pkt. 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 286 § 1 k.k
art. 4 § 1 k.k
art. 46 § 1 k.k
art. 624 § 1 k.p.k

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