Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II K 5/19 AI generated

Court partially allowed appeal by modifying crime description and date based on new evidence regarding contract signing and payment dates.

Case Number II K 5/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially allowed the appeal by modifying the description of the charged crime and adjusting the start and end dates based on new evidence. The defendant argued for specific dates regarding the contract and payment, while the prosecution contended for the originally charged timeline. The court accepted the new evidence to establish the actual period of the offense and found no mitigating circumstances regarding the defendant's culpability.

Legislator headnote

AI generated

Art. 230 § 2 k.p.k.; Art. 286 § 1 k.k.; Art. 294 § 1 k.k.; Art. 270 § 1 k.k.; Art. 11 § 2 k.k.; Art. 12 k.k.: The court may modify the description of the charged offense and adjust the temporal boundaries of the crime when new evidence clarifies the actual date of contract signing and payment, provided the modification is supported by proven facts.

Keywords

AI generated
criminal appeal modification of charge temporal boundaries contract signing date payment evidence culpability assessment court findings

Cited Legislation

AI generated
Art. 230 § 2 k.p.k.
Art. 286 § 1 k.k.
Art. 294 § 1 k.k.
Art. 270 § 1 k.k.
Art. 11 § 2 k.k.
Art. 12 k.k.
Art. 627 k.p.k.
art. 387 k.p.k
art. 286 § 1 k.k
art. 294 §1 k.k
AI generated
III K 92/19
Court imposes suspended prison sentence and daily fine for fraudulently manipulating orders to defraud company assets.
III K 132/23
Court convicted one defendant of fraud and acquitted the other, imposing suspended prison time and a ban on corporate roles.
II K 571/18
Court sentenced defendant to one year imprisonment for fraud and misappropriation of funds, suspending execution with supervision.
III K 124/19
Court convicted defendants of fraud and ordered them to pay court costs despite their financial situation.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text