II Ka 25/22
AI generated
Appeal dismissed for excessive sentence; defendant argued disproportionate penalty despite no factual dispute.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal regarding the excessive sentence imposed by the first-instance court. The defendant contested the severity of the penalty but did not challenge the established facts or guilt. The court upheld the original ruling, finding no grounds for reform or revocation of the judgment.
Legislator headnote
AI generatedArt. 438 pkt. 4 k.p.k.; Art. 438 pkt. 4 k.p.k. – The court of appeal will dismiss an appeal alleging excessive punishment if the first-instance court's assessment of the penalty's proportionality is not unreasonable and the facts remain undisputed.
Keywords
AI generated
excessive sentence
proportionality principle
criminal appeal
disproportionate penalty
dismissal of appeal
criminal procedure code
sentencing review
Cited Legislation
AI generatedArt. 438 pkt. 4 k.p.k.
Art. 624 § 1 k.p.k.
Art. 626 § 1 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. 200 § 1 k.k
art. 107 § 1 k.k
Related Decisions
AI generatedIII K 29/20
Court dismisses new charges committed during sentence execution by merging them into the existing combined sentence.
IV Ka 208/25
Criminal appeal dismissed due to factual error regarding prior conviction affecting sentencing under Polish Criminal Procedure Code.
IV Ka 313/21
Appeal court modified joint sentence due to procedural error in calculating combined penalty from prior judgment.
III K 681/19
Court applies absorption rule to combine sentences, rejecting cumulative calculation due to excessive total term.
VII Ka 454/22
Appeal court modifies joint sentence by adding two prior convictions and adjusts time served periods.