Legislator Case Law & Legislation
II K 41/24 AI generated

Court convicted defendant of fraud for selling trip at low price, imposing 7-month prison term and full restitution.

Case Number II K 41/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of fraud and sentenced her to seven months of imprisonment, which is the statutory minimum. The defendant admitted to posting a false advertisement to sell a trip she could not use due to health issues, receiving a deposit from the victim before disappearing. Although the defendant had limited criminal responsibility due to mental illness, the court deemed this insufficient to avoid punishment and ordered full restitution of the stolen funds.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 53kk k.k.: Fraudulent sale of a trip at a significantly reduced price constitutes the crime of fraud; limited criminal responsibility due to mental illness does not exempt the offender from punishment but may influence the severity of the sentence.

Keywords

AI generated
fraudulent sale limited criminal responsibility mental illness defense full restitution order statutory minimum sentence prevention of crime procedural fairness

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 53kk k.k.
AI generated

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