VI K 844/20
AI generated
Court acquits defendant of property damage for parking lot stains, ruling they did not impair substance.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of the charge of property damage under Article 288 of the Criminal Code. Evidence showed the defendant's vehicle left tire marks on a parking lot surface, causing an estimated loss of 30,000 PLN. However, the court found that these marks could be removed without damaging the substance of the surface, thus failing to meet the legal threshold for the crime.
Legislator headnote
AI generatedArt. 288 § 1 k.k.; The act of damaging property requires an impairment of the substance of the thing, not merely a temporary loss of aesthetic value or a stain removable without structural damage.
Keywords
AI generated
property damage
substance impairment
criminal code
aesthetic loss
acquittal
parking lot
expert opinion
Cited Legislation
AI generatedArt. 288 § 1 k.k.
Art. 632 pkt 2 k.p.k.
art. 387 k.p.k
art. 288 § 1 k.k
art. 115 § 9 k.k
art. 212 § 1 k.k
Cited Case Law
AI generatedVI KZP 48/83
Related Decisions
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Court partially allowed claim for car paint job damages, awarding difference between contract price and refund.
I C 641/14
Court dismissed defendant's appeal, allowing plaintiff's claim for car repair costs exceeding prior partial payment.
I C 440/19
Court partially allowed car damage claim against grass cutter for negligence and awarded half damages to co-owners.
I C 1963/15
Court awards damages for car damage caused by hitting a curb, rejecting insurer's defense regarding parking location.