II K 548/23
AI generated
Court convicted defendant of water law violation and applied older, more lenient statute due to principle of lenity.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of damaging water bodies and vegetation in violation of the Water Law. While the prosecution argued for a specific penalty, the court applied the principle of lenity because the law in force at the time of the offense was more favorable to the defendant than the current law. Consequently, the defendant was sentenced to a fine and ordered to pay restitution to the environmental fund.
Legislator headnote
AI generatedArt. 4 § 1 k.k.; Art. 475 Prawa wodnego: When a new law is more severe than the old one, the court must apply the older law to ensure the principle of lenity protects the defendant from harsher penalties.
Keywords
AI generated
principle of lenity
water law violation
statutory interpretation
environmental damage
criminal sentencing
favorable retroactivity
fine and restitution
Cited Legislation
AI generatedArt. 4 § 1 k.k.
Art. 33 § 1 and 3 k.k.
Art. 475 of the Water Law of July 20, 2017
Art. 47 § 2 k.k.
Art. 627 k.p.k.
art. 387 k.p.k
Cited Case Law
AI generatedSN decision of March 12, 1996, I KZP 2/96
SN decision of December 3, 2001, V KKN 67/01
Related Decisions
AI generatedII K 111/24
Court convicted defendant of water law violation, applying older law due to leniency principle.
II K 502/22
Court convicted defendant of water law violation and imposed fine for lake bank damage.
II Ka 805/25
Court upheld conviction for environmental damage under Nature Protection Act and ordered defendant to pay appeal costs.
II K 362/22
Court convicts defendant of water law violation for unauthorized landfill causing lake damage and orders fine and restitution.
IX W 652/14
Court convicts defendant of intentional environmental violation for soil dumping in protected landscape area.