II K 508/22
AI generated
Court convicted defendant of theft and imposed one-year prison sentence with restitution and drug therapy.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of two theft offenses and sentenced him to one year of imprisonment. The prosecution argued that the acts were committed within five years of a prior release, establishing recidivism under the relevant articles. The court accepted the evidence, applied the principle of favoring the defendant by choosing the older law, and ordered restitution and mandatory drug therapy.
Legislator headnote
AI generatedArt. 279§1 kk; Art. 283 kk; Art. 64§1 kk; Art. 4§1 kk; Art. 91§1 kk; Art. 46§1 kk; Art. 93a§1 pkt 3 kk; Art. 93b§1; Art. 93c pkt 5 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 results in a more favorable assessment for the offender.
Keywords
AI generated
theft recidivism
favorable law principle
prison sentence imposition
criminal restitution order
drug therapy mandate
prior conviction release
statutory comparison
Cited Legislation
AI generatedArt. 279§1 kk
Art. 283 kk
Art. 64§1 kk
Art. 4§1 kk
Art. 91§1 kk
Art. 46§1 kk
Art. 93a§1 pkt 3 kk
Art. 93b§1
Art. 93c pkt 5 kk
Art. 63§1 kk
Cited Case Law
AI generateduchwała SN z dnia 12 marca 1996 r., I KZP 2/96
postanowienie SN z dnia 3 grudnia 2001 r., V KKN 67/01
Related Decisions
AI generatedII Ka 18/15
Court increased sentence to three years for burglary recidivism due to disproportionate first-instance leniency.
II K 203/21
Court imposed combined sentence for multiple thefts and absconding, applying partial absorption rule.
II K 261/20
Court imposes absolute prison sentences for repeat burglary accomplices due to high recidivism and failed prior punishments.
II K 145/23
Court imposes 2-year prison sentence for recidivist theft, rejecting probation due to high social danger.