II W 426/25
AI generated
Court finds limited criminal responsibility due to significant mental impairment and grants exemption from penalty.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of two theft offenses but determined his capacity for understanding and controlling his actions was significantly impaired at the time. Relying on psychiatric evidence and the defendant's own admissions, the court applied the statutory provision for limited criminal responsibility. Consequently, the court exercised its discretion to exempt the defendant from any criminal penalty while awarding legal fees to the defense.
Legislator headnote
AI generatedArt. 119 § 1 k.w.; Art. 17 § 2 k.w.: Where a person's capacity for understanding the significance of an act or controlling their conduct was significantly impaired at the time of the offense, the court may exempt the person from punishment.
Keywords
AI generated
theft under 800 zloty
limited criminal responsibility
significant mental impairment
exemption from penalty
psychiatric opinion evidence
costs of proceedings waiver
minor offense sentencing
Cited Legislation
AI generatedArt. 119 § 1 Kodeksu wykroczeń
Art. 17 § 2 Kodeksu wykroczeń
Art. 9 § 2 Kodeksu wykroczeń
Art. 29 ust. 1 Ustawy z dnia 26 maja 1982 r. Prawo o adwokaturze
Art. 121 § 1 Kodeksu postępowania w sprawach wykroczeń
Art. 624 § 1 Kodeksu postępowania karnego
art. 121 § 1 k.p
art. 624 § 1 k.p.k
Related Decisions
AI generatedII K 399/20
Court convicted defendant of shoplifting, reduced charge due to lack of evidence for first item, and applied lenient penalty.
II K 341/16
Court convicted defendants of insulting police and theft, sentencing them to imprisonment and fines.
II W 1098/22
Court convicted defendant of theft and sentenced to eight days of arrest for shoplifting coffee.
XII W 2583/17
Court imposes partial criminal liability for shoplifting and assault on mentally ill defendant.