Appeal partially allowed; court increased legal aid costs due to invoice discrepancy but rejected factual error claim.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially upheld the appeal against a first-instance judgment regarding a minor traffic offense. The defendant was found guilty of endangering safety by driving carelessly, resulting in minor injuries to a pedestrian. The court rejected the claim of factual error regarding spinal fractures due to conflicting expert opinions but agreed that the first instance incorrectly calculated legal aid costs, increasing them from 442.80 to 1000 PLN based on submitted invoices.
Legislator headnote
AI generatedArt. 438 pkt 2, 3 k.p.k.; Art. 119 k.p.w. w zw. z art. 627 k.p.k.; Art. 437 § 2 k.p.k.: An appeal based on alleged factual error is rejected when expert evidence contradicts the accused's claims, but an appeal based on procedural error regarding the calculation of legal aid costs is granted if the lower court failed to account for the actual documented expenses.