Glosa do wyroku Sądu Apelacyjnego w Warszawie z dnia 14 listopada 2016 r. (II AKa 126/16, LEX nr 2171273)
Gloss to the Judgement of the Court of Appeal in Warsaw of 14 November 2016 (II AKa 126/16, LEX No. 2171273)

Summary/Abstract: The gloss was devoted to the problem of the subjective side of the crime of misappropriation and assessment of criminal law refusal to return the subject of the lease after the expiry of the lease agreement and cessation of payment of the leasing installments. The Court of Appeal in Warsaw took the position that the intention to keep things for themselves under Article 284 § 2 of the Penal Code is evidenced by the fact that the accused did not contact the lessor for more than two years, unlawfully using the car as his own. The author thoroughly analyzes the applicable legal provisions, not only in the field of criminal law, but also civil law, indicating what criteria should be taken into account in assigning the perpetrator of the intention animus rem sibi habendi. Due to the frequency of similar facts to the underlying judgement, it deserves special attention.

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