Court dismisses appeal regarding fine calculation and costs, ruling on specific criminal act rather than general conduct.
Legislator summary
AI generatedThe appellate court dismissed the defendant's appeal, confirming the first-instance judgment which convicted her for a specific act of insult rather than her general conduct during the relationship. The court clarified that income and assets are not relevant criteria for sentencing severity and applied the older version of the Criminal Code because the legislative change was not retroactively beneficial. Consequently, the defendant was ordered to pay court fees and the private prosecutor's costs based on the procedural rules applicable at the time of the proceedings.
Legislator headnote
AI generatedArt. 4 § 1 k.k.; Art. 58 § 2 k.k.; Art. 628 pkt 1 k.p.k.; Art. 631 k.p.k.; Art. 629 k.p.k.: The court must compare specific statutory solutions applicable to the case rather than abstract laws when assessing legislative benefit; income and assets do not influence the degree of guilt or damage; costs in private prosecution cases are fully borne by the convicted party unless specific statutory exceptions apply.