Legislator Case Law & Legislation
II K 485/19 AI generated

Court suspended one-year prison sentence for counterfeit goods seller due to first-time offense and low income.

Case Number II K 485/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant E. S. guilty of attempting to trade goods marked with counterfeit trademarks between January 2017 and June 2018. Although the prosecution requested a prison term, the court imposed a suspended sentence of one year with a two-year probation period and a fine of 200 daily rates. The decision rested on the defendant's lack of prior criminal record, her current financial situation, and the need to balance general and individual prevention goals.

Legislator headnote

AI generated

Art. 69 § 1 k.k.; Art. 70 § 1 k.k.: A court may conditionally suspend a prison sentence of up to one year if the offender has not previously been sentenced to imprisonment and the suspension is sufficient to achieve the aims of punishment, including preventing recidivism.

Keywords

AI generated
counterfeit goods trade suspended prison sentence probation period first-time offender prevention of recidivism daily fine rates procedural costs waiver

Cited Legislation

AI generated
Art. 69 § 1 k.k.
Art. 70 § 1 k.k.
Art. 33 § 2 k.k.
Art. 44 § 1 k.k.
Art. 624 § 1 k.p.k.
Art. 13 § 1 k.k.
Art. 305 ust. 1 and 3 of the Act of 30 June 2000 on Combating Counterfeiting
art. 387 k.p.k
art. 13 § 1 k.k
art. 33 § 2 k.k
AI generated

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