III K 206/20
AI generated
Court grants probation credit for time served in Spain and waives fines due to defendant's poverty.
Poland (PL)
Legislator summary
AI generatedThe court granted the defendant probation credit for time served in Spain and waived court costs due to his poverty. Facts show the defendant killed his neighbor over a dispute regarding his ex-partner, resulting in the victim's death. The court ruled that the defendant's lack of income and imprisonment status made paying fines impossible, while the time spent abroad was legally recognized as part of the sentence.
Legislator headnote
AI generatedArt. 63 § 1 k.k.; Art. 607f k.p.k.; Art. 624 § 1 k.p.k.; Art. 17 ust. 1 ustawy o opłatach w sprawach karnych: The court may grant probation credit for time served in a foreign country and waive court costs when the defendant is imprisoned and lacks the financial means to pay.
Keywords
AI generated
probation credit
time served abroad
waiver of costs
indigent defendant
criminal procedure
European arrest warrant
court expenses
Cited Legislation
AI generatedArt. 63 § 1 k.k.
Art. 607f k.p.k.
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 ustawy z dnia 23.06.1973r. o opłatach w sprawach karnych
art. 387 k.p.k
art. 148 § 1 k.k
art. 46 § 1 k.k
art. 63 § 1 k.k
art. 624 § 1 k.p.k
Cited Case Law
AI generatedwyrok SN z dnia 7 października 1998 roku, I CKN 418/98
postanowienie SN z dnia 10 października 2013 r., V KK 130/13
V KK 130/13
Supreme Court dismissed cassation regarding compensation amount not being limited by defendant's financial situation.
Related Decisions
AI generatedIII K 331/24
Court convicted defendant of intentional injury causing death and sentenced to 12 years with restitution and drug therapy.
II AKa 107/15
Court upheld murder conviction for intentional killing, rejecting defense's claim of negligence due to alcohol and trivial motive.
IV KK 377/23
Supreme Court dismissed criminal appeal as groundless, upholding lower court's assessment of defendant's testimony and rejecting inadmissible proportionality claim.
IV K 251/22
Court imposes mitigated life sentence for attempted murder with therapeutic execution and temporary detention.