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II Ka 379/21 AI generated

Court modifies theft conviction to include wallet theft and orders civil compensation for victim's loss.

Case Number II Ka 379/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court modified the first-instance judgment to include the theft of a wallet containing documents and cash, alongside the previously recognized phone theft. The prosecution argued that the lower court failed to fully qualify the criminal act, while the defense contested the scope of the theft. The court ruled that the additional theft elements were proven and necessary for a complete legal characterization, thereby ordering civil compensation for the victim's financial loss.

Legislator headnote

AI generated

Art. 280 § 1 kk; Art. 275 § 1 kk; Art. 11 § 2 kk; Art. 11 § 3 kk; Art. 46 § 1 kk: The court may modify a conviction to include additional criminal acts if the evidence supports a broader qualification of the defendant's actions, and such modification necessitates the imposition of civil liability for damages caused to the victim.

Keywords

AI generated
theft of wallet civil compensation appellate modification criminal qualification joint liability prosecution appeal document theft

Cited Legislation

AI generated
Art. 280 § 1 kk
Art. 275 § 1 kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 46 § 1 kk
Art. 636 § 2 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k

Cited Case Law

AI generated
V KK 303/17
Supreme Court quashes lower court acquittal for negligence death due to insufficient evidence evaluation and failure to confront witness statements.
AI generated
II AKa 46/24
Appeal dismissed; court upheld conviction for theft and rejected defense's claim of factual error regarding witness credibility.
IV Ka 596/24
Court dismissed prosecutor's appeal on procedural errors and factual findings in a criminal case.
IV Ka 443/22
Appeal dismissed; appellate court upheld first instance judgment on facts and law regarding criminal liability.
II Ka 552/22
Appeal dismissed; court upheld original conviction and ordered defendant to pay court costs.
IX Ka 1713/24
Court partially allows appeal by suspending probation suspension due to factual error on minor damage assessment.

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