II Ka 337/19
AI generated
Appeal dismissed; defendant's self-incrimination waiver under Art. 180a kk upheld by court.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against the first-instance judgment convicting him of the crime of self-incrimination under Article 180a of the Criminal Code. The defendant argued that the procedural handling violated the Criminal Procedure Code, claiming he did not realize his waiver of rights. The court rejected this, noting the defendant had sufficient time to understand the new law and explicitly accepted the risk of committing the offense.
Legislator headnote
AI generatedArt. 180a k.k.; Art. 438 § 3 k.p.k.: A defendant's explicit acceptance of the risk of self-incrimination following a legislative change does not constitute a procedural error or a ground for overturning the conviction.
Keywords
AI generated
self-incrimination
Criminal Code
procedural error
legislative change
waiver of rights
appeal dismissal
criminal liability
Cited Legislation
AI generatedArt. 180a k.k.
Art. 438 § 3 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
Related Decisions
AI generatedII Ka 609/24
Appeal dismissed; defendant ordered to pay defense costs but waived due to financial hardship.
II Ka 593/21
Appeal dismissed; court upheld conviction for attempted murder and assault, rejecting defense's factual and legal errors.
IV Ka 243/25
Appeal dismissed; court rejected defense claims regarding judge impartiality and procedural errors under Polish Criminal Procedure Code.
II Ka 331/24
Court acquits defendant on two charges but upholds the remaining conviction and sentence.
II Ka 925/22
Criminal appeal dismissed; sentence upheld due to lack of excessive penalty claim evidence.