Legislator Case Law & Legislation
II K 268/19 AI generated

Court convicted defendant of vandalism under Art. 288 § 1 KK and sentenced to a fine.

Case Number II K 268/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of vandalism under Article 288 § 1 of the Criminal Code for defacing property with romantic drawings and text. The prosecution argued that the intentional damage caused significant financial loss to the housing community, while the defendant claimed the act was motivated by love. The court found the facts proven and determined that a fine was the appropriate penalty given the defendant's financial situation and lack of prior criminal record.

Legislator headnote

AI generated

Art. 288 § 1 kk; Art. 37a kk; Art. 33 § 1, 3 kk: The court established that intentional damage to property constitutes a criminal offense punishable by a fine when the circumstances warrant it, and that the principle of favoring the accused requires applying the more lenient version of the law if changes occurred after the crime.

Keywords

AI generated
vandalism property damage criminal conviction criminal fine favoring the accused intentional act housing community

Cited Legislation

AI generated
Art. 288 § 1 kk
Art. 37a kk
Art. 33 § 1, 3 kk
Art. 627 k.p.k.
Art. 616 § 1 pkt 2 k.p.k.
Art. 3 ust. 1 ustawy z dnia 23.06.1973 r. o opłatach w sprawach karnych
art. 387 k.p.k
AI generated

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