II K 94/24
AI generated
Court sentenced recidivist to restitution for shoplifting due to prior convictions and unrepaired damage.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of theft and imposed a sentence requiring full restitution for the stolen goods. The prosecution argued that the defendant, a recidivist with prior convictions for similar crimes, intentionally stole items worth over 1,200 zł without intent to pay. The court rejected mitigating circumstances due to the defendant's financial instability and the significant social harm caused by the repeated offense.
Legislator headnote
AI generatedArt. 278 § 1 kk; Art. 64 § 1 kk: A prior conviction for a similar intentional property crime within five years constitutes recidivism, justifying a heavier sentence and mandatory restitution when the victim's loss remains unrepaired.
Keywords
AI generated
recidivism
theft
restitution
social danger
prior conviction
shoplifting
property damage
Cited Legislation
AI generatedArt. 278 § 1 kk
Art. 64 § 1 kk
Art. 46 § 1 kk
Art. 626 k.p.k.
Art. 624 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedIV KK 177/21
Supreme Court quashes lower court verdict for misapplying special recidivism rules regarding prior sentence execution periods.
V Ka 176/13
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XI Ka 1173/14
Criminal appeal dismissed; district court remanded case for retrial due to excessive sentence and procedural errors.
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