II Ka 713/19
AI generated
Court dismissed appeal against sentence for aggravated theft, upholding first instance verdict on facts and penalty.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against the first-instance judgment convicting him of aggravated theft. The defendant argued for a lighter sentence and procedural errors, but the court found no grounds to interfere with the established facts or the application of the cumulative sentencing principle. Consequently, the original verdict was upheld in its entirety, and the state covered the defense costs incurred during the appeal.
Legislator headnote
AI generatedArt. 438 k.p.k.; The Court of Appeal will not interfere with the first-instance judgment if the facts are proven and the penalty is proportionate, dismissing appeals based on alleged errors in qualification or sentencing unless they materially affect the outcome.
Keywords
AI generated
aggravated theft
cumulative sentencing
appeal dismissal
proportionality of penalty
criminal procedure code
Cited Legislation
AI generatedArt. 157 §1kk
Art. 64 §2kk
Art. 190 §1kk
Art. 64 §1kk
Art. 438 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
Related Decisions
AI generatedII Ka 926/22
Criminal appeal dismissed; defense arguments rejected; defendant ordered to pay court costs under Polish Criminal Procedure Code.
II AKa 362/21
Appeal court upholds first-instance sentence for two defendants convicted of theft and fraud, dismissing procedural errors.
II Ka 793/22
Court quashes lower court judgment due to statutory prohibition on sentencing when facts remain unproven.
II AKa 199/20
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II AKa 170/22
Appeal against civil compensation for wrongful detention dismissed; first-instance award upheld as adequate.