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XVIII K 337/19 AI generated

Court suspended sentence for mayor's embezzlement due to lack of recidivism and positive personal circumstances.

Case Number XVIII K 337/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted Maria Jolanta Batyckiej-Wąsik of embezzlement and abuse of office regarding a fraudulent lease agreement and tax assessment errors. Although the defendant was found guilty of significant financial harm to the municipality, the court applied a suspended sentence based on her lack of prior criminal record and positive personal conduct. The decision balanced the severity of the economic damage against the defendant's low subjective danger to society.

Legislator headnote

AI generated

Art. 296 § 1, 3 k.k.; Art. 69 § 1, 2 k.k.; Art. 70 § 1 pkt 1 k.k.: When a public official commits embezzlement or abuse of office, a suspended sentence may be imposed if the offender lacks recidivism and demonstrates positive personal circumstances indicating a low risk of reoffending.

Keywords

AI generated
embezzlement by public official suspended sentence application abuse of office lack of recidivism positive personal circumstances municipal financial damage tax assessment errors

Cited Legislation

AI generated
Art. 296 § 1, 3 k.k.
Art. 69 § 1, 2 k.k.
Art. 70 § 1 pkt 1 k.k.
Art. 632 pkt 2 k.p.k.
Art. 626 § 1 k.p.k.
Art. 627 k.p.k.
Art. 4 § 1 k.k.
Art. 230 § 2 k.k.
art. 231 § 2 k.k
art. 12 k.k

Cited Case Law

AI generated
III KK 152/06
Supreme Court dismissed appeal against conviction for police officer who abused powers to facilitate insurance fraud.
AI generated
III K 422/21
Court acquits mayor of corruption for municipal lease, citing good faith and lack of intent to harm public interest.
II AKa 81/12
Appeal court dismisses prosecution against seven defendants for fraud and embezzlement, remanding partial charges for retrial.
VIII Ka 166/17
Court dismissed appeal against acquittal for abuse of office due to lack of intent and proven damage.
IX P 91/19
Court dismissed claim for damages against State Treasury, allowing suit against Court of Gorzów for costs.
I1 C 447/24
Court dismissed municipal claim for land use damages due to lack of evidence proving a car workshop existed on the disputed plot.

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