II Ka 763/19
AI generated
Court partially allowed appeal, changing legal qualification from Art. 12 to Art. 12§1 kk due to new statutory wording.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially upheld the first-instance judgment by modifying the legal qualification of the defendant's act. While the court rejected the defendant's appeal regarding the sentence's proportionality, it accepted the prosecutor's argument that the new wording of Article 12 of the Criminal Code superseded the previous version. Consequently, the conviction was reclassified under Article 12§1 kk to align with current legislation, while the original sentence remained in force.
Legislator headnote
AI generatedArt. 12 kk; Art. 12§1 kk: When a criminal code provision is amended, the new wording prevails for legal qualification, requiring courts to cite the current article rather than the superseded one.
Keywords
AI generated
legal qualification
criminal code amendment
statutory interpretation
partial appeal success
prosecutor appeal
Cited Legislation
AI generatedArt. 12 kk
Art. 12§1 kk
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 2 k.p.k.
Art. 438 pkt 4 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
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