III K 87/20
AI generated
Court corrects sentencing order for T.G. by replacing wrong probation article with correct civil compensation article under Polish Criminal Code.
Poland (PL)
Legislator summary
AI generatedThe court issued a ruling to correct the legal basis for ordering civil compensation in the main judgment against defendant T.G. The original verdict incorrectly cited articles regarding suspended prison sentences, which did not apply since T.G. received only a fine. The court determined that the correct legal foundation must be Article 46 of the Criminal Code, as it governs civil liability for crimes regardless of the type of criminal penalty imposed.
Legislator headnote
AI generatedArt. 46 § 1 k.k.; Art. 49 § 3 k.p.k.: When a criminal penalty is a fine, the court must cite Article 46 of the Criminal Code for ordering civil compensation, not articles related to suspended prison sentences.
Keywords
AI generated
civil compensation
Criminal Code
suspended sentence
legal basis correction
fine penalty
civil liability
procedural error
Cited Legislation
AI generatedArt. 46 § 1 k.k.
Art. 49 § 3 k.p.k.
Art. 72 § 2 k.k.
Art. 63 § 1 k.k.
art. 279 § 1 k.k
art. 65 § 1 k.k
art. 258 § 1 k.k
art. 12 § 1 k.k
art. 18 § 3 k.k
art. 286 § 1 k.k
Cited Case Law
AI generatedIV KK 192/030
Related Decisions
AI generatedVI Ka 452/25
Criminal appeal court partially allows defense appeal regarding procedural errors and excessive sentencing in joint punishment case.
XII K 155/24
Court imposed combined prison sentence for organized crime, theft, and perjury under Polish Criminal Code.
VI Ka 131/22
Appeal dismissed; court upheld first-instance sentence due to lack of procedural error affecting the verdict.
II AKa 73/23
Appeal court partially allowed appeal against excessive combined prison sentence and professional ban for medical practitioner.
II AKa 20/21
Appeal dismissed; court upheld conviction and costs order despite defense's factual error claim.