Legislator Case Law & Legislation
II AKa 444/18 AI generated

Appeal dismissed; court upheld lower court's conviction for attempted murder and robbery under Polish Criminal Code.

Case Number II AKa 444/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the prosecutor's appeal against the first-instance judgment convicting the defendant of attempted murder and robbery. The prosecutor argued that the legal qualification of the defendant's actions was incorrect and that factual findings were flawed, yet the appellate court rejected these claims as unfounded. Consequently, the court ruled that the lower court's interpretation of the Criminal Code provisions was correct and that any alleged procedural errors did not affect the final verdict.

Legislator headnote

AI generated

Art. 156 § 3 kk; Art. 156 § 1 pkt 2 kk; Art. 233 § 1a kk; Art. 438 k.p.k.: The appellate court may uphold a first-instance conviction if the legal qualification of the criminal act and the factual findings are correct, rendering arguments regarding errors in interpretation or fact-finding inadmissible.

Keywords

AI generated
attempted murder robbery criminal code prosecutor appeal legal qualification factual findings dismissed appeal

Cited Legislation

AI generated
Art. 156 § 3 kk
Art. 156 § 1 pkt 2 kk
Art. 233 § 1a kk
Art. 438 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

Cited Case Law

AI generated
AI generated

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