II K 1225/22
AI generated
Court convicted defendant of minor property theft, sentencing to one year of liberty restriction with public work obligation.
Legislator summary
AI generatedThe court convicted the defendant of theft under Article 291 of the Criminal Code, finding the act constituted a minor offense due to the low value of the stolen scanner. Although the defendant had a prior record, the court determined that the circumstances warranted a custodial sentence rather than a fine. Consequently, the defendant was sentenced to one year of liberty restriction with a mandatory public work obligation of 20 hours monthly.
Legislator headnote
AI generatedArt. 291 § 1, 2 kk; Art. 34 § 1, 1a pkt 1, 35 § 1 kk: Theft of property with relatively low value constitutes a minor offense, but a prior record and the nature of the act justify a custodial sentence of liberty restriction with public work obligation.
Keywords
AI generated
theft minor offense
liberty restriction penalty
public work obligation
prior criminal record
property value assessment
Criminal Code theft
custodial sentence
Cited Legislation
AI generatedArt. 291 § 1 kk
Art. 291 § 2 kk
Art. 34 § 1, 1a pkt 1 kk
Art. 35 § 1 kk
Art. 34 § 3 kk
Art. 72 § 1 pkt 4 kk
art. 387 k.p.k
Related Decisions
AI generatedVIII Ka 224/13
Court increases sentence from 3 to 4 months for violating procedural agreement on penalty terms in summary proceedings.
II K 443/21
Court sentenced defendant to six months of restricted work for shoplifting, treating it as a minor offense.
IV Ka 273/17
Court quashes sentence for theft due to gross disproportionality between penalty and crime severity under Polish Criminal Code.