Legislator Case Law & Legislation
II K 351/21 AI generated

Court finds attempted embezzlement of property not proven, convicting defendants of theft instead.

Case Number II K 351/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendants of theft rather than attempted embezzlement of property because the evidence failed to prove they intended to permanently deprive the victim of ownership. While the defendants successfully refuted the charge of embezzlement by arguing their actions only hindered investigation, the court found sufficient proof of intent to steal the fuel. Consequently, the defendants were sentenced to a fine and ordered to compensate the victim for the actual loss.

Legislator headnote

AI generated

Art. 286 § 1 kk k.k.; Art. 119 § 1 kw k.k.: The court established that merely obscuring vehicle registration plates to hinder investigation does not constitute the specific intent required for attempted embezzlement of property, but rather constitutes theft when the value of the stolen item is established.

Keywords

AI generated
attempted embezzlement of property theft of fuel registration plate manipulation intent to permanently deprive criminal investigation obstruction compensation for loss conditional dismissal

Cited Legislation

AI generated
Art. 286 § 1 kk k.k.
Art. 119 § 1 kw k.k.
Art. 624 § 1 k.p.k.

Cited Case Law

AI generated
VI Ka 141/20
AI generated

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