Legislator Case Law & Legislation
II AKa 311/20 AI generated

Appeal court partially allowed prosecutor's appeal to change drug trafficking charge qualification and sentencing basis.

Case Number II AKa 311/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Appeal partially modified the first-instance judgment regarding the defendant W. M. by altering the legal qualification of his drug-related actions. While the court upheld the conviction, it replaced the specific statutory basis for the first two counts from Article 65 § 2 of the Criminal Code to Article 65 § 1, and removed the reference to Article 65 § 2 for the third count. The court determined that the original legal characterization of the acts committed in violation of the Drug Prevention Act required correction to ensure proper alignment with the Criminal Code provisions governing such offenses.

Legislator headnote

AI generated

Art. 258 § 2 kk; Art. 65 § 1 kk; Art. 65 § 2 kk; Art. 33-35 of the Drug Prevention Act; Art. 438 § 1 k.p.k. The court may modify the legal qualification of criminal acts in an appeal judgment if the lower court's application of the Criminal Code provisions regarding the nature of the offense was erroneous, even if the conviction itself remains substantively correct.

Keywords

AI generated
drug trafficking Criminal Code legal qualification appeal procedure sentencing basis prosecutor appeal statutory interpretation

Cited Legislation

AI generated
Art. 258 § 2 kk
Art. 65 § 1 kk
Art. 65 § 2 kk
Art. 33-35 of the Drug Prevention Act
Art. 438 § 1 k.p.k.
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

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