II AKa 106/21
AI generated
Appeal dismissed; court upheld original sentence for theft and robbery charges against defendant B. B.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal against the first-instance judgment convicting B. B. of theft and robbery. The defense argued for a reduction in the sentence based on the severity of the crime and the proportionality of the penalty. The appellate court found no grounds to alter the conviction or the length of the sentence imposed by the lower court.
Legislator headnote
AI generatedArt. 438 pkt 1, 4 k.p.k.; The appellate court may uphold a first-instance judgment when the lower court correctly applied substantive law and the penalty is not disproportionately severe.
Keywords
AI generated
criminal appeal
proportionality of sentence
theft and robbery
substantive law error
costs of proceedings
Cited Legislation
AI generatedArt. 258 § 1 k.k.
Art. 18 § 3 k.k.
Art. 286 § 1 k.k.
Art. 65 § 1 k.k.
Art. 91 § 1 k.k.
Art. 299 § 1 i 5 k.k.
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 4 k.p.k.
art. 258 § 1 k.k
art. 286 § 1 k.k
Related Decisions
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Criminal appeal court increases sentence and bans driving, ruling detention time counts toward the ban period.
IV Ka 151/24
Appeal dismissed; court upheld conviction for sexual assault due to lack of new evidence and procedural errors.
II AKa 154/23
Appeal dismissed; joint verdict upheld as no legal basis existed for joint sentencing under the relevant statute.
II K 301/19
Court convicted defendant of drunk driving, suspended sentence, imposed driving ban and alcohol abstinence order.
II AKa 321/20
Appeal dismissed; costs for legal representation awarded to the applicant under the 1991 Act on Invalid Judgments.