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II K 87/22 AI generated

Court convicts defendant of property damage with limited criminal responsibility, sentencing to fine and ordering compensation.

Case Number II K 87/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of property damage and sentenced him to a fine of 100 daily rates, noting his limited capacity to understand the act. The court determined the defendant possessed limited capacity to recognize the significance of the act but significant capacity to control his behavior, qualifying the offense under Article 288 § 2 of the Criminal Code. Consequently, the defendant was ordered to pay 1,700 PLN to the insurance company for the damaged doors.

Legislator headnote

AI generated

Art. 288 § 2 k.k.; Art. 31 § 2 k.k.; Art. 33 § 1, 3 k.k.; Art. 4 § 1 k.k.; Art. 46 § 1 k.k. - Where a defendant has limited capacity to recognize the significance of an act but significant capacity to control his behavior, the act is qualified as a lesser-weight offense, and the court may impose a fine while ordering civil compensation for damages.

Keywords

AI generated
property damage limited criminal responsibility capacity to control civil compensation daily fine rates insurance claim criminal liability

Cited Legislation

AI generated
Art. 288 § 1 k.k.
Art. 288 § 2 k.k.
Art. 31 § 2 k.k.
Art. 33 § 1 k.k.
Art. 33 § 3 k.k.
Art. 4 § 1 k.k.
Art. 46 § 1 k.k.
Art. 618 § 1 pkt 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
AI generated
II K 6/19
Joint intentional property damage conviction with daily fine and civil compensation for door and glasses damage.
II K 1091/20
Court convicted defendant of intentional damage to property and sentenced to six months of liberty restriction.
II K 1014/16
Court convicted defendant of property damage but acquitted regarding wall damage due to lack of evidence.
IV Ka 600/18
Court dismisses suspended sentence appeal due to failure to verify prior conviction erasure under Art. 107-108 CC.
II W 3277/14
Court convicted defendant of intentional property damage and imposed a fine and compensation order.

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