Legislator Case Law & Legislation
VI Ka 97/21 AI generated

Appeal dismissed; defense costs awarded to lawyer; defendants exempted from court costs due to financial situation.

Case Number VI Ka 97/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court upheld the first-instance judgment against the two defendants while awarding the defense lawyer's fees from the state. The defense argued for factual errors and excessive sentencing, but the court found no grounds to alter the conviction or penalty. Consequently, the court ruled that the lawyer's costs were payable by the state, yet the defendants were exempted from paying the state's court costs due to their material circumstances.

Legislator headnote

AI generated

Art. 438 pkt. 3 k.p.k.; Art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.; Art. 29 ust. 1 ustawy Prawo o Adwokaturze: An appeal based on factual errors or excessive sentencing will be dismissed if the first-instance findings are correct, while defense costs incurred by a public defender are payable by the state, and defendants may be exempted from court costs if their material situation warrants it.

Keywords

AI generated
criminal appeal procedure defense costs public defender exemption from court costs material circumstances defendants factual error appeal

Cited Legislation

AI generated
art. 29 ust. 1 ustawy Prawo o Adwokaturze
art. 624 § 1 k.p.k. w zw. z art. 634 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
art. 224 § 2 k.k
art. 64 § 1 k.k
art. 437 § 2 k.p.k
AI generated

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