Legislator Case Law & Legislation
II K 49/18 AI generated

Court dismissed burglary charge due to lack of intent to steal, finding only property damage occurred.

Case Number II K 49/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the prosecution's charges against the defendant for attempted burglary and theft. Although the defendant entered two apartments after breaking locks, the court found no evidence proving he intended to steal the contents at the moment of entry. The defendant's explanation that he sought his sister, supported by witness testimony and the fact that windows were open for eight hours, made the theft intent highly improbable. Consequently, the court determined the defendant only committed a minor property damage offense, which the victims did not pursue, leading to the dismissal of the criminal proceedings.

Legislator headnote

AI generated

Art. 279 § 1 k.k.; Art. 124 § 1 kw: For burglary with intent to steal, the purpose of appropriation must exist at the moment of overcoming obstacles; if the intent arises only after entering, the act constitutes separate crimes of property damage and simple theft, and if the intent to steal cannot be proven, the charge of burglary fails.

Keywords

AI generated
burglary with intent purpose of appropriation property damage offense lack of evidence dismissal of proceedings

Cited Legislation

AI generated
Art. 279 § 1 k.k.
Art. 124 § 1 kw
Art. 17 § 1 pkt 10 kk
art. 279 § 1 k.k
art. 193 k.k
art. 288 § 1 k.k

Cited Case Law

AI generated
AI generated

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