Legislator Case Law & Legislation
III K 98/23 AI generated

Court convicted defendant of fraud for coal scam, sentencing to 8 months prison and ordering victim compensation.

Case Number III K 98/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of fraud under Article 286 of the Criminal Code and sentenced him to eight months of imprisonment. The defendant deceived the victim into purchasing 48 tons of coal, causing a loss of 10,000 PLN, and failed to fulfill the agreed payment obligations. The court rejected the defense's arguments regarding lack of intent and found the defendant's prior criminal record and the significant social harm to justify the prison term and civil compensation.

Legislator headnote

AI generated

Art. 286 § 1 kk; Art. 57b kk; Art. 46 § 1 kk; Art. 624 § 1 kpk: The court established that intentional deception causing property loss constitutes fraud, warranting imprisonment and mandatory compensation, while prior criminal records and the severity of the loss preclude suspended sentences.

Keywords

AI generated
fraud under Criminal Code deception causing property loss imprisonment sentence civil compensation obligation suspended sentence rejection criminal record aggravation court costs exemption

Cited Legislation

AI generated
Art. 286 § 1 kk
Art. 57b kk
Art. 46 § 1 kk
Art. 624 § 1 kpk
art. 387 k.p.k

Cited Case Law

AI generated
V KK 324/02
AI generated

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