VI Ka 788/19
AI generated
Criminal appeal court reduced fine for defendant while upholding conviction on excessive penalty grounds.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment by reducing the fine to 2,000 PLN while maintaining the conviction. The defense argued the original penalty was excessively high and failed to account for all case circumstances under Article 438(4) of the Code of Criminal Procedure. The court agreed that the fine was disproportionately high but deemed the conviction and other aspects of the sentence correct.
Legislator headnote
AI generatedArt. 438 ust. 4 k.p.k.; Art. 636 § 1 k.p.k.; The court may reduce a criminal fine when it is found to be excessively high in relation to the circumstances of the case, while upholding the conviction if no other errors are found.
Keywords
AI generated
excessive criminal fine
proportionality of penalty
criminal appeal procedure
reduction of fine
Article 438 k.p.k.
Cited Legislation
AI generatedArt. 438 ust. 4 k.p.k.
Art. 636 § 1 k.p.k.
Art. 627 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
art. 157 § 1 k.k
art. 46 § 2 k.k
Related Decisions
AI generatedII AKa 303/22
Appeal against acquittal dismissed; court upheld acquittal based on lack of criminal capacity and insufficient evidence of guilt.
II AKa 197/18
Appeal court partially allowed defense appeal regarding sentencing disproportionality and procedural errors in joint criminal case.
VI Ka 551/24
Appeal against sentence dismissed; court upheld conviction and penalty as legally sound and proportionate.
II AKa 26/23
Appeal dismissed; court upheld first-instance conviction and sentence against public prosecutor's request for heavier penalty.
II AKa 7/26
Appeal dismissed; court upheld sentence as not unreasonably disproportionate despite procedural errors.