II Ka 887/19
AI generated
Appeal dismissed; court upheld first-instance conviction for attempted theft despite defense procedural errors.
Poland (PL)
Legislator summary
AI generatedThe District Court in Siedlce upheld the first-instance conviction for attempted theft against the appellant, P. W., rejecting his appeal filed by his defense lawyer. The defense argued procedural violations under Articles 438(2) and 438(3) of the Code of Criminal Procedure, claiming errors in fact-finding and procedure. The appellate court found no merit in these claims and determined the first-instance judgment was legally sound and factually accurate.
Legislator headnote
AI generatedArt. 438 ust. 2, 3 k.p.k.; Art. 439 k.p.k.; The appellate court must reject an appeal if the first-instance judgment is free of procedural errors and factual mistakes that could have influenced the outcome.
Keywords
AI generated
attempted theft
procedural error
factual error
appeal dismissal
Code of Criminal Procedure
Cited Legislation
AI generatedArt. 438 ust. 2 k.p.k.
Art. 438 ust. 3 k.p.k.
Art. 439 k.p.k.
Art. 634 k.p.k.
Art. 624 § 1 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
Cited Case Law
AI generatedRelated Decisions
AI generatedIX Ka 1297/21
Appeal dismissed; court upheld first-instance conviction for defamation, rejecting procedural and sentencing arguments.
II AKa 213/21
Appeal partially allowed regarding civil damages reduction; criminal ban on business activities upheld as statutory.
II AKa 237/22
Appeal court partially allowed defense appeal regarding evidence evaluation and sentencing proportionality in robbery case.
II AKa 35/25
Appeal court remands criminal compensation case for retrial on specific facts regarding victim's injury scope.
IV Ka 870/21
Appeal dismissed; appellate court upheld first instance conviction for theft due to recidivism and lack of procedural errors.