II Ka 486/21
AI generated
Appeal dismissed; court upheld first-instance conviction for attempted theft and ordered defense costs against defendant.
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal against the first-instance conviction for attempted theft under Article 279 of the Criminal Code. The defendant argued for a change in the judgment but failed to prove any error in the legal qualification or procedural conduct. Consequently, the court upheld the original verdict and ordered the defendant to pay the prosecutor's legal fees and state court costs.
Legislator headnote
AI generatedArt. 634 k.p.k.; Art. 627 k.p.k.; The appeal against a criminal judgment is dismissed when the appellant fails to demonstrate a violation of substantive or procedural law affecting the judgment's outcome.
Keywords
AI generated
attempted theft
criminal appeal
legal representation costs
court costs
dismissed appeal
Criminal Code
procedural error
Cited Legislation
AI generatedArt. 634 k.p.k.
Art. 627 k.p.k.
Art. 8 ust. 1 pkt 3 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
art. 454 § 1 k.p.k
Cited Case Law
AI generatedII KK 284/18
Supreme Court quashes appeal verdict due to failure to assess defendant's mental state impact on criminal capacity.
II KK 405/19
Supreme Court dismissed cassation against accomplice for joint crime of kidnapping and severe beating. The court rejected claims of coerced testimony and procedural errors.
Related Decisions
AI generatedII Ka 803/24
Appeal dismissed; lower court's conviction for attempted theft upheld; defendant ordered to pay appeal costs.
II Ka 331/24
Court acquits defendant on two charges but upholds the remaining conviction and sentence.
II Ka 210/24
Appeal dismissed; defense failed to prove procedural error or factual mistake affecting the conviction.
II Ka 552/22
Appeal dismissed; defendant's procedural and factual arguments failed to justify changing the first-instance criminal verdict.
II Ka 594/25
Court dismissed appeal against sentence for assault, upholding original conviction and ordering defendant to pay appeal costs.