Legislator Case Law & Legislation
II K 772/21 AI generated

Court convicted defendant of damaging creditor's rights by selling car to evade enforcement, sentencing to 300 daily fine.

Case Number II K 772/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of the offense under Article 300 § 2 of the Criminal Code for selling a vehicle to frustrate a court enforcement proceeding. The prosecution proved the defendant owned a car subject to a final payment order and sold it shortly after the enforcement clause was issued, while the defendant claimed she did not sell it to evade debt. The court rejected the defense's argument regarding lack of intent, finding the sale objectively served to diminish assets available to the creditor, and imposed a 300 daily fine based on her financial situation.

Legislator headnote

AI generated

Art. 300 § 2 k.k.; Art. 415 § 1 k.p.k.: The court established that selling property subject to a final enforcement order to frustrate the creditor's rights constitutes the offense of damaging the creditor's rights, even if the buyer lacked knowledge of the evasion intent.

Keywords

AI generated
damaging creditor's rights evading enforcement proceedings sale of property final payment order Criminal Code Art. 300 procedural law Art. 415 daily fine sentencing

Cited Legislation

AI generated
Art. 300 § 2 k.k.
Art. 415 § 1 k.p.k.
art. 387 k.p.k
art. 300 § 2 k.k
art. 415 § 1 k.p.k
AI generated

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