VI Ka 502/19 AI generated

Criminal appeal dismissed; defendant's arguments regarding evidence and sentencing proportionality rejected by appellate court.

Case Number VI Ka 502/19

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2020-01-23

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court dismissed the defendant's appeal against the first-instance judgment for a crime under Article 178a of the Criminal Code. The defendant argued that the evidence was flawed and the sentence was disproportionately severe, but the court found no material errors in the factual findings or legal qualification. Consequently, the original verdict was upheld, and the defendant was ordered to pay the second-instance fee and court costs.

Legislator headnote

AI generated

Art. 438 k.p.k.; Art. 634 k.p.k.; Art. 627 k.p.k.; The appellate court may reject an appeal if the first-instance judgment correctly established facts and applied the law, resulting in the upholding of the original verdict despite the defendant's claims of procedural or substantive errors.

Keywords

AI generated

criminal appeal proportionality of sentence evidence admissibility court costs second instance procedure upholding verdict criminal code

Cited Legislation

AI generated

Art. 178a § 1 kk

Art. 438 k.p.k.

Art. 634 k.p.k.

Art. 627 k.p.k.

Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

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 generated

Supreme Court dismissed robbery appeal, upholding sentence as proportionate to social harm and recidivism.

Supreme Court dismisses cassation against conviction for sexual assault, rejecting procedural violations claims.

AI generated

Court dismissed defense appeal regarding arbitrary alcohol test conditions, upholding first-instance conviction.

Court convicts driver of driving under influence and imposes fine, ban, and license suspension.

Court acquits defendant of drunk driving due to uncalibrated breathalyzer and procedural violations.

Court convicted defendant of drunk driving recidivism, imposing one year prison and lifetime driving ban.

Court dismissed prosecutor's appeal regarding a suspended sentence for drunk driving, correcting a procedural violation where the court imposed a 2-year ban instead of the negotiated 1-year ban.

Full text