VI Ka 280/20
AI generated
Appeal court reduces sentence for employer violating labor laws by correcting legal basis and amount.
Poland (PL)
Legislator summary
AI generatedThe appeal court partially overturned the first-instance judgment regarding the defendant's conviction for labor law violations. The defendant argued that the original sentencing was legally flawed, but the court found the conviction valid while correcting the legal basis and reducing the fine. Consequently, the court eliminated the specific article used for sentencing and lowered the daily fine amount.
Legislator headnote
AI generatedArt. 218 § 1a kk; Art. 219 kk; Art. 11 § 2 kk; Art. 11 § 3 kk: When a conviction is based on incorrect legal provisions or an improper calculation of the fine, the appellate court may uphold the finding of guilt but correct the legal basis and reduce the penalty to the appropriate level.
Keywords
AI generated
labor law violations
employer liability
incorrect legal basis
reduction of sentence
appellate review
daily fine adjustment
criminal appeal procedure
Cited Legislation
AI generatedArt. 218 § 1a kk
Art. 219 kk
Art. 11 § 2 kk
Art. 11 § 3 kk
Art. 636 § 1 k.p.k.
Art. 626 § 1 k.p.k.
Art. 634 k.p.k.
Art. 10 ust. 1
Art. 3 ust. 1
art. 438 pkt 1 k.p.k
Related Decisions
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Appeal against sentence upheld; court rejected procedural and sentencing disproportionality claims by defendants.
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Appeal dismissed for factual error; prosecution's assistant waived costs due to financial hardship.
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