II Ka 72/21 AI generated

Court dismissed defense appeal against sentence for dangerous driving, upholding first instance ruling on facts and penalty.

Case Number II Ka 72/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2021-04-13

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court dismissed the defense's appeal against the first-instance judgment convicting the defendant of dangerous driving. The defense argued for a change in the sentence, but the court found no errors in the factual findings or legal qualification. Consequently, the original verdict was upheld in its entirety, and the defendant was ordered to pay court costs.

Legislator headnote

AI generated

Art. 438 pkt 2, 3, 4 k.p.k.; Art. 634 k.p.k. w zw. z art. 636 § 1 k.p.k.; The appellate court's duty is to verify if the first-instance judgment contains procedural errors or factual mistakes that could have influenced the outcome; if none are found, the judgment stands.

Keywords

AI generated

dangerous driving appellate review procedural error factual findings court costs sentence upholding defense appeal

Cited Legislation

AI generated

art. 634 kpk w zw. z art. 636 § 1 kpk w zw. z art. 627 kpk

art. 8 w zw. z art. 2 ust. 3 i art. 3 ust. 2 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

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

art. 454 § 1 k.p.k

Cited Case Law

AI generated

Supreme Court dismisses life sentence appeal for minor who committed brutal murder with no mitigating circumstances.

AI generated

Court partially allowed appeal by modifying sentences and removing specific factual findings from the drug trafficking charges.

Appeal dismissed; court upheld conviction for attempted murder and assault, rejecting defense's factual and legal errors.

Court partially allowed appeal against sentencing, finding procedural error in legal qualification but upholding the penalty.

Appeal dismissed; defense lawyer's appeal on legal qualification and procedural errors rejected by district court.

Court dismisses appeal and terminates criminal proceedings due to negligible social harm and prior settlement agreement.

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