II Ka 914/21
AI generated
Court dismissed defense appeal against conviction for attempted murder, upholding first-instance judgment on facts and law.
Legislator summary
AI generatedThe District Court in Siedlce upheld the first-instance conviction for attempted murder against the defendant D. J. The defense appealed, arguing procedural errors and factual mistakes under Articles 438(2) and (3) of the Criminal Procedure Code. The appellate court found no grounds to alter the judgment, as the evidence sufficiently supported the conviction and the procedural conduct was lawful.
Legislator headnote
AI generatedArt. 634 k.p.k.; Art. 636 § 1 k.p.k.: An appeal against a criminal judgment is dismissed when the appellate court finds no errors in the application of law or facts that could affect the outcome, thereby confirming the first-instance decision.
Keywords
AI generated
attempted murder conviction
criminal appeal procedure
factual findings review
procedural error defense
dismissal of appeal
costs of litigation
Siedlce District Court
Cited Legislation
AI generatedart. 634 k.p.k.
art. 636 § 1 k.p.k.
art. 8 w zw. z art. 2 ust. 1 pkt 3 i art. 2 ust. 2 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 254/08
Related Decisions
AI generatedII Ka 282/21
Appeal against criminal penalty dismissed; court upheld sentence and costs as lawful and proportionate.
VII Ka 575/22
Appeal court reduced sentence by removing recidivism aggravation and reclassifying crimes under Polish Criminal Code.
IV Ka 572/25
Appeal court reduced prison sentence for excessive punishment under Art. 438(4) of Criminal Procedure Code.
II AKa 52/21
Appeal court upheld criminal conviction for copyright and industrial property infringement, dismissing defense's procedural and factual errors.
II AKa 154/23
Appeal dismissed; joint verdict upheld as no legal basis existed for joint sentencing under the relevant statute.