Legislator Case Law & Legislation
II K 1239/12 AI generated

Court convicted defendant of theft and recidivism, imposing suspended prison sentence and fine.

Case Number II K 1239/12
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of theft and recidivism, convicting him of stealing a car without the owner's consent. The defendant argued his actions were justified, but the court rejected this as an ineffective defense given the clear facts of unauthorized taking. Consequently, the court imposed a one-year suspended prison sentence, a fine, and credited his detention time toward the fine.

Legislator headnote

AI generated

Art. 278 § 1 kk; Art. 64 § 1 kk; Art. 69 § 1, 2 kk; Art. 70 § 1 pkt 1 kk; Art. 33 § 2, 3 kk; Art. 63 § 1 kk; Art. 624 kpk; Art. 17 ust. 1 Ustawy o opłatach w sprawach karnych: Theft constitutes taking property without consent for the purpose of appropriation, and recidivism aggravates punishment, while a suspended sentence may be applied if the positive criminological prognosis indicates a low risk of reoffending.

Keywords

AI generated
theft of motor vehicle recidivism under Polish law suspended prison sentence fine calculation detention criminal procedure costs

Cited Legislation

AI generated
Art. 278 § 1 kk
Art. 64 § 1 kk
Art. 69 § 1, 2 kk
Art. 70 § 1 pkt 1 kk
Art. 33 § 2, 3 kk
Art. 63 § 1 kk
Art. 624 kpk
Art. 17 ust. 1 Ustawy o opłatach w sprawach karnych

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