Legislator Case Law & Legislation
X K 767/22 AI generated

Court convicted defendant of theft and suspended sentence due to lack of assets and residence.

Case Number X K 767/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted the defendant of theft and imposed a three-month prison sentence, which was suspended for two years. The prosecution argued for immediate execution, but the court found the defendant lacked assets and permanent residence in Poland, rendering immediate execution illogical. Consequently, the court applied the statutory provision for suspending the sentence execution.

Legislator headnote

AI generated

Art. 278 § 1 k.k.; Art. 69 § 1, 2 k.k.; Art. 70 § 1 k.k.: When a defendant lacks assets and permanent residence in Poland, making immediate execution of a custodial sentence impractical, the court may suspend the sentence execution under the relevant provisions.

Keywords

AI generated
theft conviction suspended sentence lack of assets no permanent residence custodial penalty probation period court reasoning

Cited Legislation

AI generated
Art. 278 § 1 k.k.
Art. 69 § 1 k.k.
Art. 69 § 2 k.k.
Art. 70 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 278 § 1 k.k
art. 70 § 1 k.k
art. 624 § 1 k.p.k
art. 387 k.p.k
art. 72 § 1 k.k
AI generated

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