II K 535/21
AI generated
Court imposes criminal compensation and confiscation for attempted theft and burglary under Polish Criminal Code.
Poland (PL)
Legislator summary
AI generatedThe court convicted two defendants of attempted theft and burglary, ordering them to compensate specific victims for material losses. The prosecution successfully argued that the defendants' actions caused quantifiable damage requiring restitution. Consequently, the court applied statutory provisions to mandate financial compensation and the confiscation of tools used in the crimes.
Legislator headnote
AI generatedArt. 13 § 1 kk; Art. 278 § 1 kk; Art. 46 § 1 kk; Art. 44 § 2 kk; Art. 624 § 1 kpk: The court established that criminal liability for attempted property crimes entails a mandatory obligation to compensate victims for proven losses and the confiscation of instruments used in the commission of the offense.
Keywords
AI generated
attempted theft
burglary
criminal compensation
confiscation of evidence
indirect co-offender
costs of proceedings
public prosecution
Cited Legislation
AI generatedArt. 13 § 1 kk
Art. 278 § 1 kk
Art. 46 § 1 kk
Art. 44 § 2 kk
Art. 624 § 1 kpk
art. 387 k.p.k
art. 278 § 1 k.k
art. 67 § 3 k.k
Cited Case Law
AI generatedI CSK 598/20
Cassation appeal dismissed; Supreme Court rejects social security fund's claim for unpaid legal aid fees.
II UK 244/19
Supreme Court orders state to pay lawyer fees for free legal aid in cassation appeal.
IV CSK 375/20
Supreme Court dismisses cassation appeal for lack of obvious legal violation under pre-trial review rules.
Related Decisions
AI generatedIV Ka 824/15
Appeal dismissed; appellate court upheld first instance conviction and sentence for theft of catalytic converters.
II K 587/21
Court convicts defendant of theft by cutting catalytic converters, confiscates tools and contraband, and orders state to pay costs.
V KK 335/22
Supreme Court quashes theft conviction for improper chain construction mixing basic and aggravated charges.
II K 1087/20
Court convicted defendant of theft and property damage, applying combined punishment and ordering restitution.
II K 36/15
Court imposed combined prison sentences with partial absorption for repeat offenders stealing car parts.