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II AKa 313/19 AI generated

Appeal court suspended sentence execution for one defendant due to disproportionate penalty and lack of probation decision.

Case Number II AKa 313/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court partially modified the first-instance judgment regarding defendant A.M. (1) by suspending the execution of his prison sentence for four years. While the court upheld the verdicts against the other two defendants, it found the original penalty for A.M. (1) to be disproportionately severe and noted the first instance failed to rule on probation. Consequently, the court applied the principle of proportionality to suspend the sentence, while awarding legal costs to the defense attorneys.

Legislator headnote

AI generated

Art. 438 pkt. 4 k.p.k.; Art. 69 § 1 k.k.; When a first-instance judgment imposes a disproportionately severe penalty and fails to consider probation, the appellate court may modify the sentence to ensure proportionality and protect the defendant's rights.

Keywords

AI generated
disproportionate penalty suspension of sentence probation decision appellate modification principle of proportionality legal costs criminal appeal

Cited Legislation

AI generated
Art. 438 pkt. 4 k.p.k.
Art. 69 § 1 k.k.
Art. 70 § 1 pkt 1 k.k.
Art. 618 § 1 pkt 11 kpk
Art. 624 § 1 kpk
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
AI generated
II Ka 611/21
Appeal against criminal conviction dismissed; court upheld lower court ruling on procedural errors.
II Ka 704/22
Court dismisses defendant's appeal on criminal conviction and orders full payment of appeal costs.
VI Ka 641/23
Court quashes lower court appeal verdict in favor of defendant and remands case for retrial.
II AKa 361/19
Court partially allowed appeal against drug trafficking sentences, increasing fines and adjusting prison terms based on new facts.
II Ka 151/23
Appeal dismissed; court upheld lower court's conviction and costs order against defendants.

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