II K 970/12
AI generated
Court acquits defendants of attempted theft and aiding disposal due to lack of knowledge regarding stolen goods origin.
Poland (PL)
Legislator summary
AI generatedThe court acquitted two defendants of attempted theft and aiding the disposal of stolen car parts. The prosecution alleged they sold scrap metal from a stolen vehicle, but the court found no evidence they knew the parts originated from a theft committed in Germany. Consequently, the court ruled that without subjective awareness of the illegal origin, neither attempted theft nor aiding disposal could be established.
Legislator headnote
AI generatedArt. 291 § 1 k.k.; Art. 284 § 3 k.k.; The court established that for aiding disposal or attempted theft to constitute a crime, the actor must have knowledge that the object is stolen; ignorance of the object's illicit origin precludes criminal liability.
Keywords
AI generated
attempted theft
aiding disposal
subjective awareness
stolen goods
acquittal
lack of knowledge
criminal liability
Cited Legislation
AI generatedArt. 291 § 1 k.k.
Art. 284 § 3 k.k.
Art. 632 pkt 2 k.p.k.
Cited Case Law
AI generatedWyrok SN z dnia 22 września 2011 r., sygn. akt III KK 48/11
III KK 48/11
Supreme Court dismisses conviction for selling stolen goods, ruling Article 291 criminalizes only aiding, not selling.