II Ka 502/20
AI generated
Court dismissed appeal on excessive sentence claim, upholding combined 6 years 8 months prison term for defendant A.R.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against a combined sentence of six years and eight months imprisonment. The defense argued the penalty was grossly disproportionate under Article 438(4) of the Criminal Procedure Code, but the court found no evidence of disproportionality. Consequently, the first-instance judgment was upheld in full, and state costs were assigned to the defendant.
Legislator headnote
AI generatedArt. 438 ust. 4 k.p.k.; Art. 624 k.p.k. w zw. z art. 634 k.p.k. w zw. z art. 636 § 1 k.p.k.: The court rejected the claim of gross disproportionality in sentencing and upheld the combined penalty when the lower court's assessment remains reasonable.
Keywords
AI generated
gross disproportionality
combined sentence
Criminal Procedure Code
appeal dismissal
state costs
Cited Legislation
AI generatedArt. 438 ust. 4 k.p.k.
Art. 624 k.p.k. w zw. z art. 634 k.p.k. w zw. z art. 636 § 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
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
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