Legislator Case Law & Legislation
II K 419/22 AI generated

Court convicted defendant of theft and recidivism for multiple car wash ATM burglaries totaling over 19,000 PLN.

Case Number II K 419/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of theft and recidivism for a series of burglaries targeting car wash ATMs and cash dispensers. The prosecution argued that the repeated acts within a short timeframe constituted a continuous crime under Article 279 of the Criminal Code, while the defense raised issues regarding evidence and sentencing proportionality. The court rejected the defense's arguments, finding the evidence sufficient to prove the continuous nature of the crimes and imposing a custodial sentence due to the defendant's prior record and high social harm.

Legislator headnote

AI generated

Art. 279 § 1 k.k.; Art. 64 § 1 k.k.; Art. 277 k.k.; Art. 91 § 1 k.k. A series of thefts committed by the same person in close succession constitutes a continuous crime under Article 279, warranting a single conviction and aggravated punishment for recidivism under Article 64.

Keywords

AI generated
theft by burglary continuous crime recidivism joint offense custodial sentence Criminal Code social harm

Cited Legislation

AI generated
Art. 279 § 1 k.k.
Art. 64 § 1 k.k.
Art. 277 k.k.
Art. 91 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
AI generated

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