II AKa 173/20
AI generated
Appeal court upheld first-instance sentence and added pre-trial detention time to the prison term for defendants.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Warsaw upheld the first-instance judgment against three defendants charged with theft and one with fraud. The defense appealed claiming procedural errors and factual mistakes under the Code of Criminal Procedure, but the court found no grounds to alter the conviction or the primary sentence. Consequently, the original verdict was confirmed, and the court additionally ordered the inclusion of the pre-trial detention period into the total prison term for one defendant.
Legislator headnote
AI generatedArt. 63 § 1 k.k.; Art. 438 k.p.k.: The court may, upon appeal, add the period of pre-trial detention to the prison sentence if the detention occurred after the first-instance judgment was rendered.
Keywords
AI generated
pre-trial detention
prison sentence
appeal procedure
theft offense
fraud offense
costs of litigation
Code of Criminal Procedure
Cited Legislation
AI generatedArt. 63 § 1 k.k.
Art. 438 k.p.k.
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
Cited Case Law
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