Legislator Case Law & Legislation
II K 532/24 AI generated

Court acquits defendant of fraud for partial contract performance despite financial losses to victim.

Case Number II K 532/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Toruń acquitted the defendant, W. S., of fraud under Article 286 of the Criminal Code. Although the defendant failed to complete 6 bars of a fence and caused losses of 16,600 PLN, the court found that he performed 90% of the contract obligations. The court ruled that the evidence did not prove the defendant acted with the specific intent to defraud at the time of signing the agreement.

Legislator headnote

AI generated

Art. 286 § 1 kk; Art. 1 § 1 kk: Fraud requires proof of direct intent to obtain property at the moment of contract conclusion; partial performance negates this intent if the defendant fulfilled most obligations.

Keywords

AI generated
fraud criminal law contract performance intent to defraud partial breach acquittal verdict civil liability criminal standard

Cited Legislation

AI generated
Art. 286 § 1 kk
Art. 1 § 1 kk
Art. 632 pkt 2 kpk

Cited Case Law

AI generated
wyrok SN z 6.11.2003 r. II KK 9/03
II KK 9/03

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