II Ka 814/21 AI generated

Court dismissed appeal against conviction for theft, upholding first instance judgment on facts and law.

Case Number II Ka 814/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2021-12-15

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for theft under Article 288 of the Criminal Code. The defense argued procedural errors and factual inaccuracies, but the court found no grounds to disturb the lower court's findings. Consequently, the original judgment was upheld in full, and the defendant was ordered to pay court costs.

Legislator headnote

AI generated

Art. 634 k.p.k.; Art. 636 § 1 k.p.k.; Art. 627 k.p.k.; Art. 3 ust. 1 ustawy o opłatach w sprawach karnych; The appeal against a criminal judgment is dismissed when the appellate court finds no errors in the facts or law that could affect the outcome.

Keywords

AI generated

criminal appeal theft conviction dismissed appeal court costs second instance Criminal Code procedural error

Cited Legislation

AI generated

Art. 634 k.p.k.

Art. 636 § 1 k.p.k.

Art. 627 k.p.k.

Art. 3 ust. 1 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

Cited Case Law

AI generated

II KK 276/08

Supreme Court quashes lower court's acquittal due to failure to properly assess necessity of defense. The court found the defense argument regarding self-defense was not adequately analyzed.

Supreme Court partially allowed appeal regarding failure to assess mitigation under Art. 60 § 3 Criminal Code for drug trafficking.

Supreme Court dismisses appeal on medical expert opinion and evidence admissibility grounds.

AI generated

Court partially allowed private prosecutor's appeal regarding excessive compensation amount due to procedural error.

Appeal dismissed; court upheld first-instance conviction for attempted theft and procedural errors.

Appeal dismissed; court upheld first-instance conviction and ordered defendant to pay appeal costs under criminal procedure law.

Appeal court combined sentences from two prior judgments and dismissed the defense's procedural objection.

Court partially allows appeal by substituting license suspension period with document detention days under Polish Criminal Code.

Full text