II K 256/23
AI generated
Court convicts defendant of theft and misappropriation, combining sentences totaling eight months imprisonment.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of theft and misappropriation, imposing a combined sentence of eight months imprisonment. Evidence confirmed the defendant stole tools worth 1,870 PLN and misappropriated rented equipment worth 58,000 PLN for personal gain. The court rejected any defense arguments, citing the defendant's prior criminal record and the intentional nature of the acts to justify the severe penalty.
Legislator headnote
AI generatedArt. 278 § 1 kk; Art. 284 § 2 kk: The court established that intentional theft and misappropriation require a specific intent to acquire property, and prior convictions necessitate a real penalty to ensure general prevention.
Keywords
AI generated
theft and misappropriation
combined sentences
prior criminal record
intentional property crime
general prevention
real penalty
property value assessment
Cited Legislation
AI generatedArt. 278 § 1 kk
Art. 284 § 2 kk
Art. 85 § 1 kk
Art. 85a kk
Art. 86 § 1 kk
Art. 63 § 1 kk
Art. 627 kpk
art. 387 k.p.k
Related Decisions
AI generatedVI Ka 214/21
Appeal against criminal conviction dismissed; defendant exempted from costs; legal aid fee awarded to lawyer.
II K 70/21
Court convicted defendant of theft with recidivism, sentencing to six months imprisonment.
II W 419/16
Court acquits defendant of theft due to lack of evidence and credible defense of property recovery.
II K 557/16
Court convicts thief of burglary but suspends prison sentence due to low value and restitution.
VII K 372/18
Court convicted defendant of theft via misappropriation of rented tools and sentenced to restricted liberty.