Specializations

Case of Theft and Robbery

Proceedings concerning theft are primarily governed by Article 278 § 1 of the Penal Code, which stipulates that the mere appropriation of another's movable property constitutes a criminal offense punishable by imprisonment. The legislator has envisaged various types of theft, each assessed in a different manner. Classic theft is treated differently from burglary, where security measures are breached, and even harsher consequences are imposed in the case of so-called robbery theft, where the perpetrator uses violence to retain possession of the stolen item.

Theft and Robbery – Legal Counsel Assistance in Criminal Proceedings

 

The course of proceedings can be divided into several stages. Initially, the conducting authority (most often the police) undertakes verification activities and secures evidence. If at this stage a defense counsel is needed in a theft case, their involvement allows for immediate response to procedural actions. Subsequently, preparatory proceedings are initiated, during which witnesses, experts, or the suspect themselves are interrogated. Our law firm participates in these activities, ensuring that the Client's rights are duly observed. At this stage, it is also possible to submit evidence motions, which may play a significant role in the subsequent trial. The next phase involves the prosecutor's decision to file an indictment with the court or (under certain circumstances) to discontinue the proceedings.

A well-prepared defense strategy can significantly impact the outcome of the case. The analysis of the value of the item, the circumstances of the act, or the issue of the perpetrator's intent are crucial in assessing whether a crime has been committed under criminal law. Therefore, a lawyer in a theft case should analyze not only the charge itself but also the circumstances on which the law enforcement authorities base their classification of the act.

 

Art. 278 § 1 of the Penal Code

“Whoever takes someone else's movable property with the intent to appropriate it, shall be subject to imprisonment from 3 months to 5 years.”

 

What to Do After Being Arrested for Robbery?

Robbery, described in Art. 280 of the Penal Code, is an offense of a significantly more serious nature than ordinary theft. It involves the use of violence against a person, the threat of its immediate use, or rendering a person unconscious or defenseless to commit theft. The legislator has prescribed a penalty of imprisonment from 2 to 12 years, and in the case of using a weapon – from 3 to 15 years. Every robbery case requires immediate action and professional defense.

After being arrested by the police, it is important to remain calm and remember a few principles:

1. Right to an attorney – the detained person has the right to immediate contact with a defense counsel. In our law firm, we take action immediately, ensuring presence during interrogations and developing a procedural strategy. Sometimes, the family can appoint a defense counsel even before the initial actions. 2. Silence as a defense strategy – the suspect has the right to refuse to provide explanations. Sometimes this is the best procedural tactic, especially when the detainee is not yet aware of the evidence gathered by the law enforcement authorities.

In the event of arrest, the timing of the response is also crucial. The sooner a defense counsel is engaged in the case, the greater the chance that evidence motions or legal arguments will have a real impact on the decisions of the prosecutor and the court. Robbery is a case where actions taken by an attorney at the very beginning of the proceedings can significantly influence its further course.

 

 

Art. 280 of the Penal Code

“§ 1. Whoever steals, using violence against a person or threatening its immediate use, or rendering a person unconscious or defenseless, shall be subject to imprisonment from 2 to 15 years.

§ 2. If the perpetrator of the robbery uses a firearm, knife, or other similarly dangerous object or incapacitating agent, or acts in another way directly threatening life, or acts jointly with another person who uses such a weapon, object, agent, or method, shall be subject to imprisonment from 3 to 20 years.”

 

 

Defense Counsel in Theft Cases

In our law firm, we handle cases involving theft charges in various forms. There are cases concerning classic appropriation of someone else's property, theft combined with burglary, and robbery involving an element of violence. When a criminal case pertains to a specific proceeding, it is crucial to tailor the approach to the type of charge and the stage of the case, and support can be provided by a criminal lawyer in Gdańsk. Each of these acts requires a different defense strategy and approach to the collected evidence.

The role of a defense counsel in such cases is not limited to court representation. Our lawyers analyze all circumstances of the act, assess whether there are grounds to classify it as a misdemeanor (in the case of low-value items), and verify whether the law enforcement authorities have violated procedures. If the charge proves to be unfounded and leads to the violation of the rights of the accused person, the attorney can assist in obtaining compensation for false accusation of theft. In many situations, it is precisely errors in the preparatory proceedings that can determine the effectiveness of the defense.

 

Defense Counsel in Robbery Cases

Robbery is one of the most serious offenses against property, which simultaneously violates the safety of the injured party. Cases of this nature require exceptional precision, experience, and knowledge of court practice. In our law firm, we undertake the defense in robbery cases, ensuring that the Client is fully aware of all legal consequences and possible procedural solutions. At later stages of the case, the scope of assistance may also include matters related to the execution of the sentence, including the preparation and submission of an application for electronic monitoring in Gdańsk.

 

Professional Defense in Theft and Robbery Cases

Our goal is always to develop a strategy that realistically increases the client's chances of a favorable outcome. Sometimes this means fighting for acquittal, other times striving for extraordinary mitigation of the penalty or negotiating the terms of voluntary submission to punishment. In each of these situations, we act with full commitment, taking into account both the provisions of the Penal Code and court practice. Contact us if you need professional support in a case concerning theft or robbery.

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