II K 402/22
AI generated
Court sentenced defendant to 10 months imprisonment for theft and insult, applying older law due to leniency.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of theft and insulting a police officer, sentencing him to ten months of imprisonment with community service and ordering restitution. The prosecution argued for conviction based on the specific acts, while the defense likely contested the severity or application of the law. The court applied the principle of *lex mitior*, choosing the older law over the newer one because it was more favorable to the defendant, resulting in the final sentence.
Legislator headnote
AI generatedArt. 4§1 kk; Art. 63§1 kk: When a new law is more lenient than the old one, the court must apply the older law if it is more favorable to the offender, ensuring the principle of leniency is respected in sentencing.
Keywords
AI generated
principle of leniency
lex mitior application
combined punishment
theft conviction
insulting police officer
community service obligation
statutory interpretation
Cited Legislation
AI generatedArt. 4§1 kk
Art. 278§1 kk
Art. 278§3 kk
Art. 34§1 kk
Art. 35§1 kk
Art. 226§1 kk
Art. 46§1 kk
Art. 63§1 kk
Art. 85§1 kk
Art. 86§1 kk
Art. 624§1 kpk
Cited Case Law
AI generateduchwała SN z dnia 12 marca 1996 r., I KZP 2/96, OSNKW 1996, nr 3-4, poz. 16
postanowienie SN z dnia 3 grudnia 2001 r., V KKN 67/01, OSNKW 2002, nr 5-6, poz. 36
Related Decisions
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Court convicted defendant of theft for taking a bike, rejecting defense of mere borrowing intent.
X K 376/16
Court convicted defendant of theft with recidivism, imposing 10 months prison and fine.
II K 1889/22
Court sentenced defendant to prison for multiple thefts and drunk driving, rejecting probation due to high total penalty.
IX Ka 275/14
Court dismissed appeal against robbery conviction, upholding facts and sentencing despite minor legal citation error.
XIV K 300/14
Court convicted defendant of attempted burglary with suspended sentence and ordered civil compensation payment.