III K 704/22
AI generated
Court acquits defendant of embezzlement due to lack of possession and lack of intent to appropriate leased equipment.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant, S.M., of embezzlement regarding two hydraulic lifts leased to a company he owned. Although the defendant was the legal owner of the company, the court found he was not the actual representative or possessor of the equipment, which remained under the control of his brother. Consequently, the prosecution failed to prove the necessary elements of possession and intent to appropriate, leading to a complete acquittal.
Legislator headnote
AI generatedArt. 284 § 2 kk; Art. 414 § 1 kpk: The court established that embezzlement requires actual possession and intent to appropriate; mere legal ownership of a company does not establish possession of company assets if the actual user is a different person.
Keywords
AI generated
embezzlement
possession requirement
intent to appropriate
lease contract
corporate ownership
acquittal
criminal procedure
Cited Legislation
AI generatedArt. 284 § 2 kk
Art. 414 § 1 kpk
Art. 17 § 1 pkt 1 kpk un
Art. 29 ust. 1 ustawy Prawo o adwokaturze
Art. 632 pkt 2 kpk
art. 387 k.p.k
art. 284 k.k
Related Decisions
AI generatedIII K 83/13
Court convicted defendant of fraud and embezzlement for falsifying documents to secure fraudulent leasing contracts.
IV K 106/21
Court acquits defendants of embezzlement as charged because the proven facts constitute a distinct crime not covered by the indictment.
II K 1039/18
Court convicted defendant of embezzlement, suspended sentence for 3 years, ordered restitution and state costs.
VII K 369/16
Court convicted defendant of fraud and embezzlement, sentencing to one year imprisonment for significant social harm.