II AKa 357/19
AI generated
Appeal dismissed; court upheld lower court's conviction and sentencing for attempted theft under Polish Criminal Code.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal against the first-instance judgment convicting two defendants of attempted theft. The defense argued violations of substantive and procedural law regarding the legal qualification of the acts and factual findings. The court rejected these claims, ruling that the lower court correctly applied the Criminal Code and established facts sufficient to support the conviction.
Legislator headnote
AI generatedArt. 284 § 2 k.k.; Art. 438 k.p.k.: The court of appeal must uphold a first-instance judgment if the lower court correctly applied substantive criminal law and procedural rules, and if the established facts justify the conviction and sentencing without error.
Keywords
AI generated
attempted theft
Criminal Code
appeal procedure
legal qualification
factual findings
criminal liability
sentencing review
Cited Legislation
AI generatedArt. 284 § 2 k.k.
Art. 438 k.p.k.
art. 284§ 2 k.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. 410 k.p.k
art. 7 k.p.k
Related Decisions
AI generatedII AKa 2/20
Appeal dismissed; court upheld first-instance conviction and ordered defendant to pay appeal costs.
II Ka 880/23
Appeal court quashes lower court judgment to allow combined sentencing of three pre-2020 convictions.
II Ka 223/23
Appeal dismissed; court upheld first instance verdict on compensation and costs for minor victims.
II AKa 106/22
Appeal court reduced compensation for wrongful detention due to procedural error regarding mental health evidence.
II AKa 143/22
Court partially allowed appeal, reducing compensation from 5000 to 3000 PLN and dismissing interest claims.