III K 574/20
AI generated
Court convicted defendant of fraud against Social Insurance Fund and sentenced to six months of restricted liberty with community service.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of fraud against the Social Insurance Fund, sentencing him to six months of restricted liberty with mandatory community service. The prosecution alleged the defendant defrauded the fund of 38,024 PLN by falsely claiming to be a student and collecting a family pension after his father's death. The court found the evidence sufficient to prove the intentional deception and the resulting financial loss to the state institution.
Legislator headnote
AI generatedArt. 286 § 1 kk; Art. 37a kk: The court established that intentional deception to obtain property benefits constitutes fraud, and the applicable sentencing guidelines depend on the specific version of the Criminal Code in force at the time of the act.
Keywords
AI generated
fraud against social insurance
false pension claim
deception for property gain
restricted liberty sentence
community service obligation
retroactive criminal code
costs of proceedings
Cited Legislation
AI generatedArt. 286 § 1 kk
Art. 37a kk
Art. 34 § 1 kk
Art. 35 § 1 kk
Art. 627 kpk
Art. 2 ust. 1 pkt 2 ustawy z dnia 23.06.1973 roku o opłatach w sprawach karnych
art. 387 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedVIII U 1439/20
Social security court dismissed appeal against family pension recovery due to lack of actual school attendance.
VIII U 112/22
Social security court dismissed student status claim but allowed partial refund of overpaid family pension benefits.
VIII U 194/21
Social court allows family pension claim by changing ZUS decision based on applicant's testimony of interrupted schooling.
III AUa 845/22
Appeal dismissed partially; court ruled on social security overpayment and procedural admissibility of new claims.
III AUa 1815/14
Appeal dismissed; social security agency wrongly applied civil law to claim interest before the decision date.