Legislator Case Law & Legislation
II Ka 176/17 AI generated

Court dismissed appeal against fine for false police summons, ruling penalty was fair and proportional to defendant's income.

Case Number II Ka 176/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court upheld the first-instance judgment convicting the defendant of a minor offense involving false police summons. The defendant argued the 300 zloty fine was excessive, but the court found the penalty fair, proportional to her income as a pensioner, and adequate for the circumstances. Consequently, the appeal was rejected, and the state was ordered to cover the costs of the public defender's services.

Legislator headnote

AI generated

Art. 66 § 1 kw; Art. 24 § 3 kw; Art. 437 § 1 kpk; Art. 118 § 1 kpw; Art. 627 kpk; Art. 119 kpw; Art. 618 § 1 pkt 11 kpk; Art. 624 § 1 kpk; Art. 634 kpk; Art. 109 § 2 kpw; The court may uphold a sentence if it is fair, justified, proportional to the guilt, and adequate to the offender's income, rejecting appeals based on claims of excessive severity.

Keywords

AI generated
minor offense false police summons proportionality of fine public defender costs appellate review standard income consideration dismissal of appeal

Cited Legislation

AI generated
Art. 66 § 1 kw
Art. 9 § 2 kw
Art. 24 § 3 kw
Art. 118 § 1 kpw
Art. 627 kpk
Art. 119 kpw
Art. 437 § 1 kpk
Art. 109 § 2 kpw
Art. 618 § 1 pkt 11 kpk
Art. 624 § 1 kpk
Art. 634 kpk
§ 17 ust. 2 pkt 4 rozporządzenia Ministra Sprawiedliwości z dnia 3 października 2016 r.

Cited Case Law

AI generated
OSNPG 1974 / 3-4 / 51
OSNPK 1995 / 6 / 18

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