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II K 40/22 AI generated

Court convicts defendant of theft for 6 months imprisonment with probation and orders restitution.

Case Number II K 40/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of theft under Article 278 of the Criminal Code and sentenced him to six months of imprisonment, suspended for one year. The defendant stole 92 square meters of tiles and glue from a construction site, claiming the police coerced his confession, but the court rejected these explanations as naive and unconvincing. Consequently, the court upheld the conviction, imposed a fine, and ordered the defendant to pay the full value of the stolen materials to the victim company.

Legislator headnote

AI generated

Art. 278 § 1 k.k.; Art. 69 § 1, 2 k.k.; Art. 70 § 1 k.k.; Art. 33 § 2, 3 k.k.; Art. 46 § 1 k.k. – The court established that the defendant's actions constituted theft and justified a suspended sentence due to his lack of prior criminal record and the adequacy of the probation period.

Keywords

AI generated
theft criminal code suspended sentence probation period restitution of damages confession coercion joint criminal act construction site theft

Cited Legislation

AI generated
Art. 278 § 1 k.k.
Art. 69 § 1, 2 k.k.
Art. 70 § 1 k.k.
Art. 33 § 2, 3 k.k.
Art. 46 § 1 k.k.
Art. 627 k.p.k.
art. 387 k.p.k
AI generated
IV Ka 1175/16
Appeal dismissed; lower court overturned due to procedural errors and failure to obtain expert opinion on loss calculation.
VIII K 841/12
Court convicted defendants of property damage and theft, dismissing the theft charge due to ideal concurrence with the heavier damage charge.
II K 183/18
Court convicts defendant of burglary theft, sentencing to one year and two months imprisonment.
II K 314/24
Court convicts two defendants of burglary and theft, imposing minimum statutory sentences and waiving court costs.
VIII K 43/13
Court imposes suspended prison sentences for multiple thefts and property damage, ordering restitution.

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