II K 1123/13
AI generated
Court dismissed burglary charge for theft under 500 PLN, ruling it constitutes a misdemeanor instead.
Poland (PL)
Legislator summary
AI generatedThe court found two defendants guilty of theft rather than burglary due to the low value of stolen items. Although the prosecution charged them with breaking into a home, the court determined the act did not meet the threshold for burglary under Polish law. Consequently, the proceedings were dismissed against the defendants, and the state was ordered to pay legal costs.
Legislator headnote
AI generatedArt. 279 § 1 k.k.; Art. 119 § 1 k.w.: When the value of stolen property does not exceed 500 PLN, the act constitutes theft (misdemeanor) rather than burglary, and proceedings are dismissed if the statute of limitations has expired.
Keywords
AI generated
burglary charge dismissal
theft misdemeanor threshold
Polish criminal law
statute of limitations
joint criminal enterprise
Cited Legislation
AI generatedArt. 279 § 1 k.k.
Art. 119 § 1 k.w.
Art. 5 § 1 pkt 4 k.p.w.
Art. 119 § 2 pkt 1 k.p.w.
art. 279 § 1 k.k
art. 5 § 1 pkt 4 k.p
art. 119 § 2 pkt 1 k.p
art. 387 k.p.k
art. 278 § 1 k.k
art. 279 k.k
Cited Case Law
AI generatedRelated Decisions
AI generatedIX Ka 764/12
Appeal dismissed for theft recidivist; court upheld sentence due to repeated property crimes and lack of reform.
II K 1041/20
Court convicted defendant of theft and aiding sale of stolen goods, imposing fines and detention offset.
IX Ka 333/14
Court dismissed appeal against theft conviction, upholding first instance verdict on facts and sentencing.
II K 1697/21
Court convicted two defendants of robbery and assault, sentencing them to prison and ordering compensation.