II Ka 543/21
AI generated
Court acquits defendant on one charge but increases fine and upholds other convictions in partial appeal.
Poland (PL)
Legislator summary
AI generatedThe appellate court acquitted the defendant of the fourth charged offense while increasing the fine for the third offense to 95,000 PLN. The defendant and the private prosecutor appealed the first-instance judgment, citing errors in legal qualification, procedural violations, factual mistakes, and excessive sentencing. The court found the legal characterization of the fourth act incorrect but deemed the remaining convictions and the adjusted fine appropriate given the established facts.
Legislator headnote
AI generatedArt. 438 pkt 1, 2, 3 k.p.k.; The court may acquit a defendant on specific charges due to erroneous legal qualification while upholding other convictions and adjusting fines if the remaining facts support the penalty.
Keywords
AI generated
partial appeal
erroneous legal qualification
factual findings error
excessive sentencing
private prosecutor appeal
Cited Legislation
AI generatedArt. 207 § 1 kk
Art. 157 § 2 kk
Art. 11 § 2 kk
Art. 284 § 1 kk
Art. 267 § 1 kk
Art. 271 § 1 kk
Art. 12 kk
Art. 190a § 2 kk
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.
Cited Case Law
AI generatedII KK 113/21
Supreme Court dismisses appeal as obviously unfounded for failing to show serious procedural error affecting verdict.
V KK 433/12
Supreme Court dismisses appeal for obvious lack of merit regarding construction document issuance. Appeal dismissed as obviously groundless due to repetition of second-instance arguments. Court rejects claim that 'authorized person' status requires specific statutory authorization beyond employer instruction.
IV KK 106/21
Supreme Court quashes lower court's conditional dismissal for failing to order mandatory damage repair under Criminal Code Art. 67 § 3.
Related Decisions
AI generatedII Ka 279/24
Appeal dismissed; lower court's sentence upheld as not grossly disproportionate under Polish Criminal Procedure Code.
II Ka 337/25
Criminal appeal dismissed; defendant's procedural and factual arguments rejected; first-instance verdict upheld.
II Ka 117/26
Appeal by prosecutor dismissed; lower court's joint verdict upheld as legally correct and factually sound.
IV Ka 245/24
Court dismissed appeal against defamation conviction, upholding first-instance judgment on facts and law.
II Ka 777/20
Appeal dismissed; court upheld first-instance conviction for attempted theft and rejected defense's factual error claim.