Legislator Case Law & Legislation
II K 376/23 AI generated

Court convicts shop thief of minor violence for shoplifting, sentencing to eight months imprisonment and ordering restitution.

Case Number II K 376/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of committing a minor crime of violence in connection with theft, resulting in an eight-month prison sentence and a restitution order. The prosecution argued that the defendant used physical force and threats to prevent a cashier from stopping his theft of alcohol, while the defense likely contested the severity or circumstances. The court found the facts proven, noting aggravating factors like prior criminal record and alcohol consumption, but mitigating factors like confession and remorse, ultimately upholding the conviction under the relevant criminal code provisions.

Legislator headnote

AI generated

Art. 281 kk w zw. z art. 283 kk; Art. 46§1 kk: The court established that using violence or threats to retain stolen property constitutes a minor crime of violence, punishable by imprisonment and requiring restitution for the value of the stolen goods.

Keywords

AI generated
minor crime of violence theft in connection with violence restitution of stolen goods sentencing guidelines alcohol influence on crime prior criminal record confession and remorse

Cited Legislation

AI generated
Art. 281 kk
Art. 283 kk
Art. 46§1 kk
Art. 624§1 k.p.k.
art. 387 k.p.k
AI generated

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