II Ka 858/21 AI generated

Court dismissed appeal against sentence for excessive penalty, upholding original conviction and costs order.

Case Number II Ka 858/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-02-09

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce upheld the first-instance judgment against the defendant, M. M., who appealed on grounds of excessive sentencing under Article 438(4) of the Code of Criminal Procedure. The defense argued the penalty was disproportionately severe, but the appellate court found no evidence of such disproportionality. Consequently, the court rejected the appeal, maintaining the original conviction and ordering the defendant to pay court costs.

Legislator headnote

AI generated

Art. 438 ust. 4 k.p.k.; Art. 636 § 1 k.p.k.; The court ruled that a sentence is not excessively disproportionate unless it clearly violates principles of proportionality, and the burden of proof lies with the appellant to demonstrate such a violation.

Keywords

AI generated

excessive penalty proportionality principle criminal appeal Code of Criminal Procedure court costs sentencing review disproportionate punishment

Cited Legislation

AI generated

Art. 438 ust. 4 k.p.k.

Art. 636 § 1 k.p.k.

Art. 634 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

art. 454 § 1 k.p.k

Cited Case Law

AI generated

Supreme Court quashes appeal verdict for drunk driving while under a prior vehicle ban, allowing harsher penalty.

Supreme Court quashes drunk driving conviction for driving while under ban, upholding aggravated charge under Art. 178a § 4 k.k.

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Appeal dismissed; court upheld first-instance conviction for attempted theft under Polish Criminal Code.

Court quashes lower court verdict for legal qualification error and remands case for retrial.

Appeal dismissed; defense argued for acquittal on legal grounds; court upheld original conviction and costs. (16 words)

Appeal dismissed for excessive sentence; court upheld first instance due to lack of grounds for correction.

Appeal dismissed; court upheld first-instance compensation award for political repression victims despite procedural objections.

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