Legislator Case Law & Legislation
II K 26/13 AI generated

Court imposes absolute prison sentence for recidivist telecom cable theft causing property damage.

Case Number II K 26/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted two defendants of theft and damage to telecommunications infrastructure, finding them guilty of recidivism and acting under the influence of alcohol. The prosecution argued that the defendants demonstrated significant demoralization by committing the crime shortly after conditional release from prison. Consequently, the court imposed absolute prison sentences, ordered joint compensation for the victim's losses, and waived court costs due to the defendants' financial situation.

Legislator headnote

AI generated

Art. 254a kk; Art. 278 § 1 kk; Art. 64 § 1 kk; Art. 63 § 1 kk: When a previously convicted offender commits a new crime while under the influence of alcohol and shortly after conditional release, the court may impose an absolute prison sentence to ensure adequate punishment and general prevention.

Keywords

AI generated
recidivism sentencing telecom infrastructure theft absolute prison term conditional release violation joint criminal liability

Cited Legislation

AI generated
Art. 254a kk
Art. 278 § 1 kk
Art. 64 § 1 kk
Art. 63 § 1 kk
Art. 46 § 1 kk
Art. 44 § 2 kk
Art. 230 § 2 kpk
Art. 624 § 1 kpk
Art. 17 ust. 1 i 2 Ustawy z dnia 23.06.1973r. o opłatach w sprawach karnych

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