II Ka 775/21 AI generated

Appeal dismissed; court upheld first-instance conviction for attempted murder under Polish Criminal Code.

Case Number II Ka 775/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2021-11-29

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal in Siedlce dismissed the defense's appeal against the first-instance conviction for attempted murder. The defendant argued that the legal qualification of the act was incorrect under Article 177 of the Criminal Code, but the appellate court found no merit in this claim. Consequently, the judgment upholding the conviction and imposing the sentence was confirmed in its entirety.

Legislator headnote

AI generated

Art. 177 § 1 k.k.; Art. 438 pkt. 1, 2 k.p.k.: The appellate court rejected the defense's claim that the legal qualification of the attempted murder act was erroneous, thereby upholding the first-instance judgment.

Keywords

AI generated

attempted murder Criminal Code legal qualification appeal dismissal Criminal Procedure Code

Cited Legislation

AI generated

Art. 177 § 1 k.k.

Art. 438 pkt. 1 k.p.k.

Art. 438 pkt. 2 k.p.k.

Art. 634 k.p.k.

Art. 12 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

Cited Case Law

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Supreme Court dismisses cassation for abuse of evidence procedure and excessive compensation claim in criminal case.

Supreme Court quashes criminal verdict for traffic offense due to insufficient expert evidence linking speed to injury.

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Appeal partially allowed: Appeal against sentence length granted, but other appeals dismissed.

Court dismissed appeals against a criminal judgment regarding a compensatory measure and procedural costs.

Court dismissed appeal against criminal conviction for attempted theft, finding no procedural errors affecting the verdict.

Criminal appeal dismissed; District Court remanded case to lower court due to prohibition on second-instance conviction.

Appeal dismissed; defendant's claim of excessive sentence rejected; costs awarded to defense lawyer.

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