Commentary to the decision of the Supreme Court's of 22 March 2017 (III K 349/16)

Abstract

The subject of this commentary is the judgment of the Supreme Court of 22 March 2017, reference number III K 349/16. The commentary contains arguments approving the position of the Supreme Court regarding the classification of the use of a stolen ATM card as theft with burglary. The author shares the view that performing a non-cash operation with the appropriated ATM card was a crime under Art. 279 of the Criminal Code. In the conclusions, however, the author indicates the need for the legislator to take appropriate actions to regulate the disputed issues.