II Ko 143/20
AI generated
Criminal appeal court vacates final sentence due to new final conviction discovered after original judgment became effective.
Poland (PL)
Legislator summary
AI generatedThe District Court in Siedlce vacated a final joint sentence of two years and two months imposed on defendant A. M. by the District Court in Garwolin. The court found that a new final conviction became effective after the original sentence, creating a legal basis for retrial under Article 439 § 1 point 8 of the Criminal Procedure Code. Consequently, the appellate court declared the original judgment void and terminated the proceedings in the lower court.
Legislator headnote
AI generatedArt. 439 § 1 pkt 8 k.p.k.; Art. 542 § 3 k.p.k.: A final judgment must be vacated if a new final conviction becomes effective after its pronouncement, necessitating the termination of the original proceedings.
Keywords
AI generated
wznowienie postępowania
wyrok łączny
karalność
art. 439 k.p.k.
art. 542 k.p.k.
Cited Legislation
AI generatedart. 542 § 3 k.p.k. w zw. z art. 439 § 1 pkt 8 k.p.k.
art. 542 § 1 k.p.k.
art. 544 § 1 k.p.k.
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