II Ka 696/18
AI generated
Appeal court remands case for retrial due to insufficient evidence proving additional assault acts beyond those convicted.
Poland (PL)
Legislator summary
AI generatedThe appeal court remanded the case for a new trial because the lower court lacked sufficient evidence to prove the defendant committed additional assault acts. The defendant argued for acquittal on these unproven charges, while the prosecution maintained the original conviction was correct. The court ruled that without proof of the alleged extra incidents, the first-instance judgment must be set aside and retried.
Legislator headnote
AI generatedArt. 157 § 2 kk; Art. 64 § 2 kk: When evidence is insufficient to establish additional criminal acts beyond those already convicted, the court must remand the case for retrial rather than acquitting the defendant on the unproven charges.
Keywords
AI generated
insufficient evidence
remand for retrial
recidivism
additional assault acts
art 157 kk
art 64 kk
procedural error
Cited Legislation
AI generatedArt. 157 § 2 kk
Art. 64 § 2 kk
Art. 158 § 1 kk
Art. 64 § 1 kk
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
Related Decisions
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