Court dismisses appeal against acquittal for attempted assault, ruling medical evidence proves injury exceeding seven days.
Poland (PL)
Legislator summary
AI generatedThe appellate court dismissed the defendant's appeal against a first-instance acquittal, upholding the lower court's decision to terminate the criminal proceedings. The defense argued for a procedural review, but the court found the medical opinion definitive that the victim's injuries exceeded seven days, constituting an offense rather than a misdemeanor. Consequently, the court ruled the appeal was groundless and maintained the acquittal while awarding costs to the prosecution.
Legislator headnote
AI generatedArt. 86 § 1 k.k.; Art. 177 § 1 k.k.; Art. 632 pkt 2 k.p.k.: Where medical evidence conclusively establishes that bodily injuries exceed seven days, the act constitutes a crime punishable under Art. 86 § 1 k.k. rather than a misdemeanor under Art. 177 § 1 k.k., and an appeal against an acquittal based on such evidence is groundless.