Legislator Case Law & Legislation
II K 196/16 AI generated

Court dismisses appeal regarding fine calculation and costs, ruling on specific criminal act rather than general conduct.

Case Number II K 196/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
criminal appeal insult conviction sentencing criteria court costs private prosecution retroactive law fine calculation

Cited Legislation

AI generated
Art. 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.
art. 101 § 2 k.k
art. 391 k.p.k
art. 216 § 1 k.k
art. 216 k.k
art. 442 § 3 k.p.k

Cited Case Law

AI generated
SN z dnia 2 lutego 2006 r., V KK 199/05, OSNwSK 2006, poz. 271
V KK 271/05
Supreme Court allows cassation appeal, ruling long gaps can be short intervals in continuous acts.
V KK 199/05

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text