Legislator Case Law & Legislation
II K 55/18 AI generated

Court dismisses appeal against conditional suspension of sentence due to lack of means to pay costs.

Case Number II K 55/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the defendant's appeal regarding the conditional suspension of her sentence and the waiver of court costs. The defendant argued she lacked financial means to pay costs, while the prosecution contended the waiver was legally improper given her prior criminal record. The court ruled that despite the defendant's poverty, the statutory requirement for a third-time offender precluded the waiver of costs and the suspension of the sentence.

Legislator headnote

AI generated

Art. 443 k.p.k.; Art. 624 § 1 k.p.k.: For a third-time offender, the court cannot waive the obligation to pay court costs or conditionally suspend the sentence, even if the defendant lacks financial means.

Keywords

AI generated
third-time offender conditional suspension court costs waiver Art. 443 k.p.k. Art. 624 k.p.k. financial means criminal record

Cited Legislation

AI generated
Art. 443 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
AI generated

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