II K 532/24
AI generated
Court acquits defendant of fraud for partial contract performance despite financial losses to victim.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 286 § 1 kk
Art. 1 § 1 kk
Art. 632 pkt 2 kpk
Cited Case Law
AI generatedwyrok SN z 6.11.2003 r. II KK 9/03
II KK 9/03