Legislator Case Law & Legislation
II K 150/21 AI generated

Court convicted defendant of intentional property damage under Art. 288 § 1 kk, rejecting defense's Art. 279 § 1 kk argument.

Case Number II K 150/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of intentional property damage under Article 288 § 1 of the Criminal Code, rejecting the prosecution's charge under Article 279 § 1. The defendant argued for a lighter classification, but the court found the facts of scratching the car's paint and causing specific financial loss met the elements of the heavier offense. Consequently, the court imposed a one-year probation period while exempting the defendant from court costs due to their financial situation.

Legislator headnote

AI generated

Art. 288 § 1 kk; Art. 279 § 1 kk: The court established that intentional damage to a vehicle's exterior paint, causing quantifiable financial loss, constitutes the crime of intentional property damage under Art. 288 § 1 kk rather than the lesser offense under Art. 279 § 1 kk.

Keywords

AI generated
intentional property damage criminal code qualification vehicle damage probation period court costs exemption financial situation criminal liability

Cited Legislation

AI generated
Art. 288 § 1 kk
Art. 279 § 1 kk
Art. 12 kk
Art. 624 § 1 kpk
art. 387 k.p.k
AI generated

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