Legislator Case Law & Legislation
II K 287/22 AI generated

Court sentenced defendant to 1 year 5 months prison for theft and property damage under Polish Criminal Code.

Case Number II K 287/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant W. M. guilty of four counts of theft and one count of property damage, resulting in a sentence of one year and five months imprisonment. The prosecution argued the defendant committed these crimes to support himself, while the defense raised mitigating factors such as confession and lack of obstruction. The court rejected the defense's request for alternative measures, stating that only absolute deprivation of liberty could achieve preventive and corrective goals given the defendant's repeated offenses and disregard for legal order.

Legislator headnote

AI generated

Art. 279 § 1 kk; Art. 288 § 1 kk; Art. 46 § 1 kk: In cases of repeated theft and property damage where the offender shows no constructive response to previous convictions, the court may impose absolute deprivation of liberty as the only measure capable of fulfilling preventive and corrective purposes.

Keywords

AI generated
theft with entry property damage absolute deprivation of liberty preventive goals repeated offenses compensation for damages procedural costs

Cited Legislation

AI generated
Art. 279 § 1 kk
Art. 288 § 1 kk
Art. 11 § 2 kk
Art. 46 § 1 kk
Art. 624 § 1 kpk
§ 17 ust. 2 pkt 3
§ 4 pkt 3 rozporządzenia Ministra Sprawiedliwości z 3 października 2016 r.
art. 387 k.p.k
AI generated

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