Legislator Case Law & Legislation
VI Ka 101/21 AI generated

Appeal against joint sentence dismissed; defense costs awarded to state; prisoner exempted from court fees.

Case Number VI Ka 101/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court dismissed the defense's appeal against the joint sentence while awarding the state 147.60 PLN for the defense lawyer's unpaid fees. The defense argued for a change in the joint sentence, but the court found no grounds to alter the original ruling. Consequently, the court exempted the prisoner from paying court costs, shifting the financial burden to the state.

Legislator headnote

AI generated

Art. 438 k.p.k.; Art. 624 § 1 k.p.k. in conjunction with Art. 634 k.p.k.; The court may dismiss an appeal against a joint sentence if no legal error is found, while simultaneously ordering the state to pay defense costs and exempting the defendant from court fees due to their custodial status.

Keywords

AI generated
joint sentence appeal defense costs state prisoner court fees legal aid reimbursement appellate dismissal

Cited Legislation

AI generated
Art. 29 ust. 1 of the Lawyers Act
§ 17 ust. 5 of the Ministry of Justice Regulation of 3 October 2016 on the bearing of costs of unpaid legal aid
Art. 624 § 1 of the Code of Criminal Procedure
Art. 634 of the Code of Criminal Procedure
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. 4 § 1 k.k
AI generated

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