Clueless Woman Calls Tech Show When Her Stolen Wi-Fi Disappears

[Martinus]

Also, an unauthorized access to network notwithstanding, wouldn't the woman's behavior have all elements of "service appropriation" (like riding on a bus without a ticket for example), assuming of course it was deliberate?

[Martinus]

As a prosecutor if the police presented me with such a charge I believe we would decline to prosecute for lack of public interest.

Well that's a public policy decision and in Poland such behaviour wouldn't be prosecuted for the same reason but that does not change the fact whether it has all the elements of a criminalized behaviour or not. So your answer is really a cop out.

[Barrister]

It may pain you to know this, but at least in Canada, it is not against the law to open your unlocked door when you are not home, pull a book off your bookshelf, read it, then place it back on the shelf and leave.

Really? That's strange. In Poland we have a crime which is called something like "invasion of home's peace" (hard to translate as it is an old Polish word). This is obviously a smaller crime than breaking and entering, but essentially, entering someone's home without permission would be a crime.

We have an offence of forcible entry:

A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

but note the element of "in a manner that is likely to cause a breach of the peace".  So barging in, yelling, would probably be a s. 72 offense, but not calmly walking in.

Many jurisdictions have a regulatory offence of trespass to property, but that is not a crime.

[Barrister]

As a prosecutor if the police presented me with such a charge I believe we would decline to prosecute for lack of public interest.

Well that's a public policy decision and in Poland such behaviour wouldn't be prosecuted for the same reason but that does not change the fact whether it has all the elements of a criminalized behaviour or not. So your answer is really a cop out.

Not every legal theoretical needs to be answered.

Besides, does Polish law not have an equivalent to de minimus non curat lex?