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II K 820/25 AI generated

Court imposes six-month prison sentence for theft with prior record and recidivism under Polish Criminal Code.

Case Number II K 820/25
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of theft and imposed a six-month prison sentence, finding him guilty of committing the crime while already serving a prior sentence. The prosecution argued that the defendant's history of multiple offenses and lack of remorse demonstrated high moral degradation, justifying the application of absolute deprivation of liberty. The court agreed, noting the defendant's repeated criminal behavior shortly after release from prison, while also acknowledging the full restitution of stolen goods and the defendant's confession.

Legislator headnote

AI generated

Art. 278 § 1 k.k.; Art. 278 § 1a k.k.; Art. 275 § 1 k.k.; Art. 64 § 1 k.k.; Art. 58 § 1 k.k.: When a defendant commits theft with a prior record and demonstrates high moral degradation through repeated offenses shortly after release, the court may apply absolute deprivation of liberty as the ultima ratio measure.

Keywords

AI generated
theft under Polish Criminal Code recidivism and prior record absolute deprivation of liberty ultima ratio sentencing principle moral degradation assessment restitution of stolen goods confession and leniency

Cited Legislation

AI generated
Art. 278 § 1 k.k.
Art. 278 § 1a k.k.
Art. 275 § 1 k.k.
Art. 11 § 2 k.k.
Art. 64 § 1 k.k.
Art. 58 § 1 k.k.
Art. 63 § 1 and 5 k.k.
Art. 29 ust. 1 ustawy z 26 maja 1982 r. Prawo o adwokaturze
Art. 624 § 1 k.p.k.
art. 278 § 1 k.k
AI generated
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IV Ka 666/25
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II AKa 393/23
Appeal against criminal conviction dismissed; court upheld facts and rejected procedural errors and excessive sentence claims.
II K 985/25
Court sentenced defendant to prison for large-scale drug possession under Art. 62 of Anti-Narcotics Act.
IV Ka 669/20
Appeal dismissed; court upheld lower court's finding of joint intent and proportional fines despite defense arguments.

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