Legislator Case Law & Legislation
II K 677/22 AI generated

Court allows sentence reduction to restriction of liberty under Art. 37a k.k. for shoplifting crimes.

Case Number II K 677/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court upheld the first-instance judgment imposing a one-year and six-month restriction of liberty on the defendant for multiple shoplifting offenses. The defendant argued that the original sentence of imprisonment was excessive, but the appellate court found the reduction to a restriction of liberty appropriate under Article 37a of the Criminal Code. The court determined that the statutory conditions for substituting imprisonment with a restriction of liberty were met, given the nature of the crimes and the defendant's lack of prior record.

Legislator headnote

AI generated

Art. 37a § 1 k.k.; Art. 34 § 1 k.k.; Art. 34 § 1a pkt 1 k.k.; Art. 35 § 1 k.k.; Art. 46 § 1 k.k. If a crime is punishable only by imprisonment not exceeding eight years and the imposed sentence would not be harsher than one year, the court may instead impose a restriction of liberty, provided a criminal measure is also applied.

Keywords

AI generated
restriction of liberty shoplifting offenses Criminal Code substitution criminal measure application damage compensation continuous crimes proportionality principle

Cited Legislation

AI generated
Art. 37a § 1 k.k.
Art. 34 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 46 § 1 k.k.
Art. 53 k.k.
Art. 91 § 1 k.k.
Art. 12 § 2 k.k.
Art. 278 § 1 k.k.
art. 387 k.p.k

Cited Case Law

AI generated
AI generated

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