II K 29/20
AI generated
Court convicted defendant of fraud and imposed ten months imprisonment plus full restitution for damages.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of two fraud offenses and sentenced him to ten months of imprisonment. The prosecution argued that the defendant's prior criminal record and lack of restitution justified a strict penalty. The court upheld the conviction, emphasizing the defendant's recidivism and failure to compensate victims.
Legislator headnote
AI generatedArt. 286 § 1 kk; Art. 64 § 1 kk; Art. 91 § 1 kk; Art. 46 § 1 kk: The court established that when a defendant commits fraud with prior convictions within the recidivism period and refuses to compensate victims, a custodial sentence combined with full restitution is the appropriate legal response.
Keywords
AI generated
fraudulent loan
recidivism
custodial sentence
restitution obligation
criminal record
judicial obstruction
procedural rights
Cited Legislation
AI generatedArt. 286 § 1 kk
Art. 64 § 1 kk
Art. 91 § 1 kk
Art. 46 § 1 kk
Art. 624 § 1 kpk
art. 387 k.p.k
Related Decisions
AI generatedX K 847/13
Court convicted defendant of fraud for false employment claims to secure loan, imposing six-month prison sentence.
VI Ka 1322/16
Court upheld suspended sentence for fraud, rejecting appeal on proportionality and probation violation grounds.
II K 941/15
Court imposed suspended sentence for fraud, applying older law due to defendant's prior conviction under new statute.
II K 1366/23
Court convicted defendant of fraud for bank loan fraud, suspended sentence with restitution obligation.
VII K 816/16
Court sentenced defendant to 8 months absolute prison for fraud due to recidivism and unrepaid debt.