II K 96/21
AI generated
Court convicted defendant of theft under recidivism, imposing sentence based on high social harm and confession.
Poland (PL)
Legislator summary
AI generatedThe court convicted Marko K. M. of theft involving a bicycle worth 1800 PLN, applying Article 278 of the Criminal Code in conjunction with Article 64 regarding recidivism. The prosecution argued for a severe penalty due to the brazen nature of the act committed in front of a minor and the defendant's prior criminal record. The court upheld the conviction, citing the high social harm, direct intent, and the defendant's confession and remorse as key factors for the final sentencing.
Legislator headnote
AI generatedArt. 278 § 1 k.k.; Art. 64 § 1 k.k.: The court established that theft committed with direct intent, high social harm, and recidivism warrants a custodial sentence, while the defendant's confession and restitution of stolen goods may mitigate the severity.
Keywords
AI generated
theft with recidivism
direct intent requirement
social harm assessment
confession mitigation
criminal code provisions
Cited Legislation
AI generatedArt. 278 § 1 k.k.
Art. 64 § 1 k.k.
art. 387 k.p.k
Related Decisions
AI generatedII AKa 343/22
Appeal dismissed; appealant failed to prove excessive sentence or factual error despite client's poverty.
II Ka 631/22
Court dismissed prosecutor's appeal on factual errors, upholding original sentence for attempted theft.
VI Ka 224/23
Appeal dismissed; first-instance judgment upheld as free of procedural errors and excessive sentencing.
II AKa 50/21
Appeal court partially allowed prosecutor's claim of excessive lenient sentence due to insufficient consideration of social harm.
II Ka 344/24
Criminal appeal dismissed; court upheld first-instance conviction for theft under Polish Criminal Code.