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IV K 442/18 AI generated

Court convicts two recidivists of theft and damage, imposing one year imprisonment each.

Case Number IV K 442/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted two defendants of theft and property damage, sentencing each to one year of imprisonment. Both individuals were found guilty of committing similar intentional crimes within five years of serving prior sentences, demonstrating a pattern of recidivism. The court rejected any mitigating circumstances and determined that the severity of their repeated offenses and lack of criminal prognosis justified the imposition of absolute deprivation of liberty.

Legislator headnote

AI generated

Art. 278 § 1 k.k.; Art. 288 § 1 k.k.; Art. 64 § 1 k.k.; Art. 63 § 1, 5 k.k.: Recidivists committing similar intentional crimes against property without mitigating circumstances are subject to absolute deprivation of liberty as the only adequate punishment reflecting the social harm and lack of reform potential.

Keywords

AI generated
recidivism theft property damage absolute deprivation of liberty criminal prognosis similar intentional crimes social harm

Cited Legislation

AI generated
Art. 278 § 1 k.k.
Art. 288 § 1 k.k.
Art. 64 § 1 k.k.
Art. 63 § 1 k.k.
Art. 63 § 5 k.k.
Art. 618 § 1 pkt 11 k.p.k.
Art. 624 k.p.k.
art. 64§ 1 k.k
art. 618 § 1 pkt 11 k.p.k
AI generated
II K 920/22
Court convicted defendant of property damage and threats, imposing combined prison sentence and compensation.
VI Ka 299/18
Appeal court acquits defendants for insufficient evidence and violation of free evaluation of proof rules.
II K 932/24
Court convicted defendant of property damage, imposing community service and restitution for vehicle vandalism.
VII K 486/19
Court convicted defendant of theft and burglary, rejecting mitigation due to recidivism and lack of lenient circumstances.
II K 829/16
Court convicted defendant of property damage, threats, and harassment, combining sentences due to recidivism.

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