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III K 60/22 AI generated

Court sentenced defendant to 4.5 years for robbery with serious injury, rejecting 6-year request due to mitigating factors.

Case Number III K 60/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of robbery causing serious injury and sentenced him to four and a half years of imprisonment. While the prosecution requested six years, the court found the defendant's recidivism under Article 64 of the Criminal Code and the public nature of the act as aggravating factors, but balanced these against the victim's homelessness, the low value of the stolen item, and the defendant's expressed remorse. Consequently, the court imposed a compensatory payment of 5,000 zloty and declared the weapon used in the crime forfeit.

Legislator headnote

AI generated

Art. 151 § 1 k.k.; Art. 46 § 1 k.k.; Art. 44 § 2 k.k.; The court must balance aggravating circumstances such as recidivism and public location against mitigating factors like the low value of stolen goods and the victim's social vulnerability to determine an adequate penalty.

Keywords

AI generated
robbery with serious injury recidivism under Art 64 adequate penalty determination compensatory payment forfeiture of criminal instrument exemption from court costs victim homelessness context

Cited Legislation

AI generated
Art. 151 § 1 k.k.
Art. 46 § 1 k.k.
Art. 44 § 2 k.k.
Art. 624 § 1 k.p.k.
Art. 29 ust. 1 ustawy Prawo o adwokaturze
§ 17 ust. 1 pkt 2 i ust. 2 pkt 5 oraz § 20 Rozporządzenia Ministra Sprawiedliwości z dnia 3.10.2016r.
art. 387 k.p.k
art. 280 § 1 k.k
art. 156 § 1 pkt 2 k.k
art. 157 § 1 k.k
AI generated
III K 136/24
Court convicted defendant of attempted robbery and threat, imposing combined sentence due to recidivism.
II K 104/20
Court convicts defendant of attempted robbery with knife, sentencing to 3 years 2 months prison.
II K 828/20
Court sentenced defendant to 2 years 9 months prison for robbery with recidivism, rejecting lower sentence request.
IX Ka 270/13
Court revoked suspended sentence for recidivist due to negative criminological prognosis and repeated law violations.
IX Ka 116/15
Court partially allowed appeal on theft conviction, adjusting sentencing and damages recipient due to victim's death.

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