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II Ka 231/21 AI generated

Court partially allowed appeal, overturning civil compensation order while upholding criminal conviction and sentence.

Case Number II Ka 231/21
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 upheld the appeal against the first-instance judgment regarding a criminal case involving two defendants. While the conviction and criminal penalties were confirmed as legally sound, the court overturned the specific ruling ordering the defendants to pay civil compensation to a private party. The decision was based on the finding that the civil liability claim lacked sufficient evidentiary support or legal basis to stand independently from the criminal proceedings.

Legislator headnote

AI generated

Art. 438 k.p.k.; Art. 634 k.p.k.: The court may partially revoke a first-instance judgment when the criminal conviction is correct but the incidental civil liability claim is unsupported by evidence or law, thereby separating the criminal judgment from the civil award.

Keywords

AI generated
partial appeal success civil compensation order criminal conviction upheld evidentiary insufficiency incidental civil liability

Cited Legislation

AI generated
art. 634 k.p.k.
art. 636 § 1 k.p.k.
art. 627 k.p.k.
art. 8 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
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. 437 § 2 k.p.k

Cited Case Law

AI generated
II KK 58/11
II KK 196/16
Supreme Court dismissed cassation on joint civil liability for criminal damage under new Code of Criminal Law provisions.
AI generated
IV Ka 249/21
Appeal dismissed; court upheld first-instance conviction and fine for tax evasion under Polish Criminal Code.
VI Ka 639/21
Appeal against copyright infringement conviction dismissed; court upholds first instance judgment on facts and law.
II Ka 370/21
Court modifies sentence for assault, increasing fine and awarding damages while upholding conviction.
IV Ka 588/22
Court dismissed prosecutor's appeal on conditional dismissal, upholding first instance decision on probation and fines.
II AKa 288/21
Appeal court corrects legal qualification and reduces sentence for attempted murder with direct intent.

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