II K 131/15
AI generated
Court partially acquitted defendants, applying the most lenient criminal law version under Art. 4 § 1 KK.
Poland (PL)
Legislator summary
AI generatedThe court acquitted one defendant of three charges while convicting the other of theft and sentencing her to one year of community service. The court determined that three different legal regimes applied between the time of the crimes and the verdict. It selected the version of the Criminal Code effective from April 15, 2016, to April 24, 2020, as it was the most lenient for the accused.
Legislator headnote
AI generatedArt. 4 § 1 k.k.; Art. 37a k.k.; When multiple legal regimes apply between the time of the crime and the verdict, the court must apply the version of the Criminal Code that is most lenient to the offender.
Keywords
AI generated
principle of leniency
intertemporal validity
Criminal Code application
most lenient law
retroactive sentencing
Cited Legislation
AI generatedArt. 4 § 1 k.k.
Art. 37a k.k.
Art. 46 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 284 § 1 k.k
art. 286 § 1 k.k
art. 86 § 1 k.k
art. 387 k.p.k
Cited Case Law
AI generatedIII KK 74/13
Supreme Court dismissed cassation against conviction for torture, rejecting procedural violations as non-raising or irrelevant.
V KK 316/03
Supreme Court dismisses appeal, ruling intent to permanently deprive ownership is required for misappropriation, not just temporary use.
IV KK 31/07
Related Decisions
AI generatedIV Ka 656/23
Court of Appeal modifies sentence to probation with supervision and financial compensation for victims.
IV Ka 1664/19
Appeal dismissed; court upheld first-instance verdict on guilt and penalty despite procedural complaints.
II Ka 230/22
Criminal appeal dismissed; court quashes first-instance verdict due to procedural flaws requiring retrial.
IV Ka 667/23
Appeal dismissed; mandatory defense counsel absence in full trial warrants retrial under Polish Criminal Procedure Code.