Legislator Case Law & Legislation
II K 403/25 AI generated

Court convicts defendant of trespassing with limited criminal responsibility and imposes short prison term.

Case Number II K 403/25
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court found the defendant guilty of trespassing and imposed a two-month prison sentence. The prosecution alleged repeated entries into a bank building where the defendant stayed overnight, while the defense argued she had significantly limited capacity to understand her actions. The court accepted the evidence of repeated unlawful entry but acknowledged her diminished capacity under Article 31 § 2 of the Criminal Code.

Legislator headnote

AI generated

Art. 193 § 1 k.k.; Art. 12 § 1 k.k.; Art. 31 § 2 k.k.; Art. 57b k.k.; Art. 41a § 1 k.k.; Art. 43 § 1 k.k.: A person with significantly limited capacity to understand the significance of their actions or control their conduct may be convicted of a misdemeanor but shall receive a mitigated punishment.

Keywords

AI generated
trespassing misdemeanor limited criminal responsibility diminished capacity mitigated punishment bank building entry repeated unlawful entry prohibition order

Cited Legislation

AI generated
Art. 193 § 1 k.k.
Art. 12 § 1 k.k.
Art. 31 § 2 k.k.
Art. 57b k.k.
Art. 41a § 1 k.k.
Art. 43 § 1 k.k.
Art. 29 ust. 1 ustawy z 26 maja 1982 r. Prawo o adwokaturze
Art. 624 § 1 k.p.k.
art. 31 § 2 k.k
art. 193 § 1 k.k

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text