II K 306/22
AI generated
Court sentenced defendant to six months imprisonment for theft aggravated by recidivism under Polish Criminal Code.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of theft and sentenced him to six months of absolute imprisonment. The prosecution argued that the defendant committed the crime within five years of serving a prior sentence, constituting recidivism under Article 64 of the Criminal Code. The court accepted this finding, noting the defendant's repeated offenses and lack of remorse, while acknowledging his confession as a mitigating factor.
Legislator headnote
AI generatedArt. 278 § 1 kk; Art. 64 § 1 kk; Art. 46 § 1 kk; Art. 624 § 1 k.p.k.: The court established that a theft committed within five years of serving a prior custodial sentence constitutes recidivism, warranting an absolute prison sentence to ensure preventive and corrective goals.
Keywords
AI generated
theft and recidivism
absolute imprisonment
Criminal Code provisions
sentencing guidelines
criminal liability
Cited Legislation
AI generatedArt. 278 § 1 kk
Art. 64 § 1 kk
Art. 46 § 1 kk
Art. 624 § 1 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedVIII Ka 515/15
Court quashes theft conviction for attempted crime due to missing subjective intent elements and remands for retrial.
VIII K 718/25
Court sentenced defendant to one year and two months imprisonment for theft with recidivism and ordered full restitution.
II K 998/13
Court convicted defendant of theft, sentenced to restriction of liberty with community service, and ordered restitution.
II K 288/21
Court sentenced defendant to three months imprisonment for shoplifting, rejecting probation due to recidivism and prior isolation.
V KK 4/25
Supreme Court quashes acquittal due to appellate court's failure to substantively review prosecutor's appeal.