Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II Ka 114/22 AI generated

Court partially allowed appeal, finding joint crime of hiding stolen car and adjusting sentence for accomplice.

Case Number II Ka 114/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce partially overturned the Regional Court's judgment against two defendants for jointly hiding a stolen vehicle. The court found them guilty of the offense under Article 291 of the Criminal Code but modified the sentence for one defendant based on their specific role. The court ruled that the appeal was successful regarding the legal qualification and sentencing disparity but dismissed the request to alter the confiscation order.

Legislator headnote

AI generated

Art. 279 § 1 k.k.; Art. 291 § 1 k.k.; Art. 33 § 2 k.k.; Art. 438 k.p.k.: The court may partially amend a criminal judgment when the lower court incorrectly qualifies the joint crime or imposes a disproportionately high penalty on one accomplice compared to another, while upholding the conviction for the underlying offense.

Keywords

AI generated
joint criminal offense hiding stolen property disproportionate sentencing appeal for benefit criminal code qualification confiscation order district court ruling

Cited Legislation

AI generated
Art. 279 § 1 k.k.
Art. 291 § 1 k.k.
Art. 33 § 2 k.k.
Art. 438 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 117 § 1 k.p.k
AI generated
VI K 111/16
Court convicted defendant of property damage and perjury, sentencing to one year suspended for two years.
II K 82/23
Court convicted defendant of theft of mobile phone, rejecting robbery charge due to lack of evidence from vehicle interior.
II K 606/22
Court convicted defendant of theft and imposed fine plus civil compensation for stolen catalytic converter.
II K 190/15
Court convicted defendant of aiding in hiding stolen car and suspended sentence with fine.
II AKa 168/14
Appeal court partially allowed acquittal on specific theft charges due to flawed first-instance reasoning.

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