II K 1602/23
AI generated
Court convicted defendant of obstructing court execution by selling property during pending annulment proceedings.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of obstructing the execution of a final court judgment by selling disputed property during pending annulment proceedings. The prosecution argued the sale was a deliberate act to frustrate the court's decision, while the defense claimed the transaction was a genuine sale. The court found the defendant guilty under Article 300 § 2 of the Criminal Code and imposed a suspended sentence along with restitution.
Legislator headnote
AI generatedArt. 300 § 2 k.k.; Art. 69 § 1 k.k.; Art. 70 § 1 k.k.; Art. 72 § 1 pkt 1 k.k.; Art. 46 § 1 k.k.: Selling property to frustrate the execution of a final court judgment constitutes the crime of obstructing the execution of a court judgment.
Keywords
AI generated
obstructing court execution
selling property during proceedings
annulment of gift deed
suspended sentence
restitution of damages
Cited Legislation
AI generatedArt. 300 § 2 k.k.
Art. 69 § 1 k.k.
Art. 70 § 1 k.k.
Art. 72 § 1 pkt 1 k.k.
Art. 46 § 1 k.k.
art. 387 k.p.k
Related Decisions
AI generatedIV KK 268/19
Supreme Court dismisses cassation on inadmissible supplementary prosecutor's indictment due to formal defect. The court rules that the procedural error occurred before the trial began. The court holds that the prosecutor's right to initiate proceedings was lost due to the lack of a valid complaint at the time. The court emphasizes that formal defects do not prevent the case from being retried later. The court notes that the prosecutor can refile the complaint in a new investigation. The court awards costs to the state for the supplementary prosecutor's participation. The court clarifies that the appeal court correctly applied the law despite the procedural issue. The court finds no need to address the prosecutor's entry into the proceedings further. The court concludes that the cassation is rejected based on the inadmissibility of the initial complaint.
III K 410/22
Court convicted defendant of fraud and imposed suspended sentence with partial civil compensation order.
II K 434/12
Court dismissed obstruction of execution charge but convicted defendant of hindering creditor satisfaction with suspended sentence.
II K 1488/18
Court sentenced defendant to 10 months imprisonment suspended for 3 years for fraud causing property loss.
II AKa 144/18
Appeal court partially allowed cassation appeal, modifying combined sentences and probation terms for fraud defendants.