II Ka 788/19 AI generated

Court reduced sentence and added consecutive term for crimes committed in a series under Polish Criminal Code.

Case Number II Ka 788/19

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2020-03-19

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Garwolin reduced the defendant's imprisonment term to two years and imposed a consecutive sentence of two years and six months. The defendant appealed, arguing that the first-instance judgment failed to cite the correct legal basis for crimes committed in a series. The appellate court agreed, noting the lower court correctly identified the crimes as offenses under Article 286 but omitted the statutory provision for consecutive punishment.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 12 § 1 k.k.; Art. 91 § 2 k.k.; Art. 438 pkt. 4 k.p.k.: When a court fails to cite the specific legal provision governing crimes committed in a series, the appellate court must correct the judgment by adding the necessary statutory basis and adjusting the sentence accordingly.

Keywords

AI generated

crimes in a series consecutive punishment omission of legal basis appellate correction Criminal Code Poland sentence reduction procedural error

Cited Legislation

AI generated

Art. 286 § 1 k.k.

Art. 12 § 1 k.k.

Art. 91 § 2 k.k.

Art. 438 pkt. 4 k.p.k.

Art. 624 § 1 k.p.k.

Art. 627 k.p.k.

Art. 634 k.p.k.

Art. 636 § 1 k.p.k.

art. 438 pkt 1 k.p.k

art. 438 pkt 2 k.p.k

Cited Case Law

AI generated

Supreme Court dismisses appeal on sexual assault case, rejecting claims of evidence errors and witness credibility issues.

IV KK 61/10

V KK 30/12

Supreme Court dismisses appeal as obviously groundless, upholding conviction for aiding fraud and denying evidentiary errors.

Criminal cassation dismissed; appeal court's assessment of witness statements and evidence evaluation was lawful.

AI generated

Appeal dismissed; court upheld original sentence for drug trafficking, rejecting excessive penalty claim as not sufficiently proven.

Appeal dismissed; court upheld sentence for joint offenders regarding illegal possession of firearms and drugs.

Criminal appeal dismissed; lower court's conviction for theft upheld against defense arguments.

Appeal against excessive sentence dismissed; court upholds original conviction and penalty for the defendant.

Appeal court modifies joint crime description and grants legal aid cost reimbursement due to indigency.

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