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II Ka 561/21 AI generated

Criminal appeal partially allowed; court quashed acquittal and reduced sentence for public disorder and harassment charges.

Case Number II Ka 561/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce partially quashed the first-instance verdict against defendant D. K. regarding charges of public disorder and harassment. The court found the first-instance acquittal on the public disorder charge legally unfounded due to the omission of aggravating circumstances, while simultaneously reducing the sentence for the harassment charge. Consequently, the court imposed a combined sentence of one year of restricted freedom involving unpaid community work.

Legislator headnote

AI generated

Art. 157 § 1 kk; Art. 190 § 1 kk; Art. 57a § 1 kk; Art. 85 § 1 kk; Art. 86 § 1 kk: The appellate court may partially quash a first-instance acquittal if the lower court failed to consider relevant aggravating circumstances, and may reduce sentences where the original penalty was excessive or improperly calculated.

Keywords

AI generated
criminal appeal partial quashing public disorder harassment charges combined sentence community work legal error

Cited Legislation

AI generated
Art. 157 § 1 kk
Art. 190 § 1 kk
Art. 57a § 1 kk
Art. 85 § 1 kk
Art. 86 § 1 kk
Art. 636 § 1 kpk
Art. 634 kpk
Art. 624 kpk
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k

Cited Case Law

AI generated
III KK 279/09
AI generated
IV Ka 494/20
Appeal dismissed; court upheld first-instance conviction and ordered defendant to pay appeal costs.
VI Ka 377/24
Court dismisses defense appeal on drug trafficking charges, upholding first-instance conviction and legal qualification.
II AKa 192/19
Appeal dismissed; appellate court upheld first-instance verdict on facts and sentencing proportionality.
XI Ka 501/21
Court acquits defendant from one charge and modifies penalty for another in joint sentencing appeal.
II AKa 209/23
Appeal court partially allowed defense appeal regarding violation of prosecution limits under Art. 17 § 1 k.p.k.

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