Legislator Case Law & Legislation
II K 323/22 AI generated

Court sentenced multiple defendants for theft and drug possession, applying the older law due to its leniency.

Case Number II K 323/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Giżycko convicted five defendants of theft, drug possession, and attempted burglary, imposing combined sentences based on their criminal history and the value of damages. The prosecution argued for specific charges under the current Penal Code, while the defense raised issues regarding the description of acts and the applicability of the law. The court ruled that the law in force at the time of the crimes was more lenient than the current one, thereby applying the older statutory provisions to the defendants' cases.

Legislator headnote

AI generated

Art. 64§1 kk; Art. 4§1 kk: When the law in force at the time of judgment differs from the law at the time of the crime, the newer law applies unless the older law is more lenient for the offender, in which case the older law must be applied.

Keywords

AI generated
lex mitior retroactivity of law combined punishment theft conviction drug possession attempted burglary procedural leniency

Cited Legislation

AI generated
Art. 64§1 kk
Art. 4§1 kk
Art. 624§1 kpk
Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii
art. 387 k.p.k

Cited Case Law

AI generated
uchwała SN z dnia 12 marca 1996 r., I KZP 2/96
postanowienie SN z dnia 3 grudnia 2001 r., V KKN 67/01
AI generated

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