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II K 607/19 AI generated

Court convicts defendant of forgery and embezzlement, sentencing to ten months of restricted liberty with community service.

Case Number II K 607/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Regional Court in Giżycko convicted the defendant of forgery and embezzlement, imposing a combined sentence of ten months of restricted liberty with mandatory community service. The court found that the defendant forged her husband's signature on a vehicle sales contract to transfer marital property to her separate estate, thereby increasing her personal assets at her spouse's expense. Relying on established case law regarding the intent to enlarge separate property, the court determined the criminal qualification was correct and the punishment proportionate to the social harm caused.

Legislator headnote

AI generated

Art. 270 § 1 kk; Art. 284 § 2 kk; Art. 284 § 3 kk: When a spouse transfers marital property to their separate estate to increase their own assets, the act constitutes embezzlement under Art. 284 § 3 kk if the intent was to prevent division of joint property.

Keywords

AI generated
marital property division embezzlement of joint assets forgery of signature separate property increase restricted liberty sentence community service obligation criminal intent

Cited Legislation

AI generated
Art. 270 § 1 kk
Art. 284 § 2 kk
Art. 284 § 3 kk
Art. 34 § 1 kk
Art. 35 § 1 kk
Art. 85 § 1 kk
Art. 86 § 1 kpk
Art. 86 § 3 kpk
Art. 624 § 1 kpk
Art. 627 kpk

Cited Case Law

AI generated
IV KK 201/18
Criminal appeal dismissed; appellate court properly evaluated evidence regarding embezzlement of marital assets.
IV KK 101/14
Supreme Court quashes acquittal due to appellate court's failure to properly evaluate evidence on intent to appropriate property.
AI generated
IV K 420/14
Court convicted defendant of forging a vehicle sale contract and sentenced to a fine under Polish Criminal Code.
IV Ka 91/15
Court dismissed appeal against theft conviction for forged sale contracts and forged signatures on vehicle documents.
II K 160/15
Court convicted defendant of forgery and sentenced to fine, awarding legal costs to victim and state.
VI Ka 373/15
Court upheld prison sentence for recidivist, rejected defense of suspended sentence due to negative criminal prognosis.
V K 109/13
Court convicted defendant of forgery for submitting a forged power of attorney to obtain vehicle registration documents.

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