II AKa 108/20
AI generated
Appeal court upholds first-instance sentence against two defendants for theft and other crimes.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Warsaw upheld the first-instance judgment against two defendants convicted of theft and other offenses. The defense appealed citing procedural errors and excessive sentencing under Articles 438 of the Criminal Procedure Code. The court found no grounds to alter the original verdict, confirming the defendants' guilt and the imposed penalties.
Legislator headnote
AI generatedArt. 438 k.p.k.; Art. 280 § 1 kk: The court of appeal reviews appeals against criminal judgments and upholds the first-instance ruling when the lower court's findings of fact and legal qualification are correct and the sentence is not excessively disproportionate.
Keywords
AI generated
criminal appeal procedure
theft conviction
excessive sentence claim
procedural error review
upholding first instance verdict
Cited Legislation
AI generatedArt. 438 k.p.k.
Art. 280 § 1 kk
Art. 618 § 1 pkt 11 k.p.k.
§ 2 ust. 1 Rozporządzenia Ministra Sprawiedliwości z 3.10.2016r.
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. 53 k.k
Related Decisions
AI generatedIV Ka 954/21
Court dismissed appeal on procedural grounds, finding no impact of arbitrary evidence selection on the verdict.
II K 281/22
Court convicted defendant of insulting police officers and sentenced him to a fine and compensation.
II K 166/21
Court convicts defendant of robbery using violence and imposes two years six months imprisonment.
II Ka 946/23
Appeal dismissed; defendant bears costs as defense counsel's appeal was entirely unfounded.
VI Ka 360/24
Court quashes lower court verdict due to factual errors requiring new trial proceedings.