Legislator Case Law & Legislation
II AKa 169/21 AI generated

Court partially allowed appeal, reclassifying crimes as continuous and reducing total sentence to four years and six months.

Case Number II AKa 169/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially overturned the first-instance judgment regarding the defendant P.P., who was convicted of multiple thefts. The defense argued for a continuous series of crimes to reduce the total penalty, while the prosecution contended for separate convictions. The court accepted the argument that the acts occurred in short intervals using the same opportunity, thereby reclassifying them under the continuous crime provision and adjusting the final sentence accordingly.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 91 § 1 k.k.; Art. 11 § 2, 3 k.k.; Art. 85 § 1, 86 § 1 k.k.; Art. 63 § 1 k.k.: When multiple thefts occur in short intervals using the same opportunity, they constitute a continuous crime, allowing for a single conviction and a recalculated total sentence that may be lower than the sum of individual penalties.

Keywords

AI generated
continuous crime theft conviction combined sentence appellate review criminal procedure short intervals same opportunity

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 64 § 1 k.k.
Art. 13 § 1 k.k.
Art. 294 § 1 k.k.
Art. 12 § 1 k.k.
Art. 91 § 1 k.k.
Art. 11 § 2 k.k.
Art. 11 § 3 k.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 4 § 1 k.k.
Art. 91 § 2 k.k.
Art. 63 § 1 k.k.
Art. 624 § 1 k.p.k.

Cited Case Law

AI generated
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text