II K 351/17
AI generated
Court dismisses appeal regarding sentencing error in loan fraud case where defendant confessed and agreed to terms.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against a first-instance judgment convicting her of loan fraud. The defendant had confessed and reached a procedural agreement with the prosecutor for a suspended sentence, but the lower court erroneously added a supervision order not included in that agreement. The appellate court ruled that since the error was not contested by the prosecutor and could not be corrected via a specific amendment procedure, the judgment stands as issued.
Legislator headnote
AI generatedArt. 423 § 1a k.p.k.; Art. 105 k.p.k.: When a sentencing error is not contested by the public prosecutor and cannot be verified or corrected under specific amendment procedures, the appellate court may dismiss the appeal without modifying the judgment.
Keywords
AI generated
loan fraud conviction
suspended sentence agreement
procedural error
supervision order
appellate dismissal
confession of guilt
costs waiver
Cited Legislation
AI generatedArt. 286 § 1 kk
Art. 69 § 1 kk
Art. 70 § 1 kk
Art. 73 § 2 kk
Art. 72 § 1 pkt 1 kk
Art. 46 § 1 kk
Art. 624 § 1 k.p.k.
Art. 17 ust. 1 ustawy z 23 czerwca 1973 r. o opłatach w sprawach karnych
Art. 335 k.p.k.
Art. 105 k.p.k.
Art. 423 § 1a k.p.k.