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II Ka 330/21 AI generated

Appeal dismissed; prosecutor's appeal against acquittal on attempted murder upheld by district court.

Case Number II Ka 330/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce upheld the first-instance acquittal of the defendant W. G. for attempted murder under Article 190 of the Criminal Code. The prosecutor appealed, arguing the lower court erred in legal qualification and procedural handling, but the appellate court found no grounds to disturb the original judgment. Consequently, the appeal was declared inadmissible, and the state was ordered to bear the costs of the proceedings.

Legislator headnote

AI generated

Art. 438 pkt 2 k.p.k.; Art. 634 k.p.k. w zw. z art. 636 § 1 k.p.k.; Art. 632 pkt 2 k.p.k.: An appeal against an acquittal is inadmissible if the appellate court finds no errors in the legal qualification or procedural conduct that could have influenced the verdict, and the state bears the costs when the appeal is rejected.

Keywords

AI generated
appeal against acquittal attempted murder legal qualification error procedural error state bears costs

Cited Legislation

AI generated
Art. 190 § 1 kk
Art. 438 pkt 2 k.p.k.
Art. 634 k.p.k.
Art. 636 § 1 k.p.k.
Art. 632 pkt 2 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
II Ka 793/22
Court quashes lower court judgment due to statutory prohibition on sentencing when facts remain unproven.
IV Ka 1421/22
Court dismissed appeal regarding failure to order probation under Art. 72 § 1 KK due to lack of statutory conditions.
II AKa 74/22
Appeal dismissed; court upheld first instance conviction and sentencing despite procedural errors.
II Ka 910/23
Court dismissed defendant's appeal on procedural grounds and ordered payment of court costs.
II AKa 55/23
Appeal court unusually mitigated sentence for female defendant due to extreme disproportionality while upholding male defendant's sentence.

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