Appeal court vacates acquittal for one defendant and increases civil compensation for the other under Polish Criminal Code.
Legislator summary
AI generatedThe Warsaw Court of Appeal vacated the acquittal of defendant A. O. and remanded the case for retrial, while simultaneously increasing the civil compensation award against defendant S. M. to 273,000 PLN based on Article 46 of the Criminal Code. The defense argued for acquittal and lower damages, but the court found the first instance's factual findings regarding S. M.'s liability sufficient to support a higher compensation amount. Consequently, the court upheld the conviction against S. M. but adjusted the civil liability provision and sum, while sending the matter concerning A. O. back to the lower court.
Legislator headnote
AI generatedArt. 438 pkt 2, 3 k.p.k.; Art. 46 § 1 k.k.; The court may vacate a verdict based on factual errors or procedural flaws and independently increase civil compensation amounts when the underlying criminal liability is established.