II Ka 172/22
AI generated
Court partially allows appeal to impose residence ban and compensation for domestic violence victim.
Poland (PL)
Legislator summary
AI generatedThe court partially upheld the appeal against the first-instance judgment regarding a domestic violence case. The defendant argued for leniency, but the court found the first-instance ruling on the residence ban and compensation insufficiently protective. Consequently, the court modified the sentence to impose a five-year residence ban and ordered a specific compensation amount.
Legislator headnote
AI generatedArt. 41a § 1, § 3a, § 4, § 5 kk; Art. 46 § 1 kk: The court may modify a first-instance judgment to impose a residence ban and award compensation when the original ruling failed to adequately protect the victim's safety and rights.
Keywords
AI generated
domestic violence
residence ban
compensation award
appeal modification
protection of victim
Cited Legislation
AI generatedArt. 41a § 1, § 3a, § 4, § 5 kk
Art. 46 § 1 kk
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 generatedIII KK 432/14
Supreme Court quashes lower court ruling on child abuse, allowing re-trial due to disputed intent interpretation.
III KK 157/17
Supreme Court dismissed cassation as obviously unfounded regarding procedural and substantive law errors.
I KK 9/21
Supreme Court quashes lower court verdict for omitting mandatory proximity ban under Criminal Code Art. 41a § 3a.
Related Decisions
AI generatedIV Ka 375/22
Court quashes acquittal due to factual errors and remands case for new evidence gathering and trial.
II AKa 74/22
Appeal dismissed; court upheld first instance conviction and sentencing despite procedural errors.
IV Ka 308/22
Appeal dismissed; appellate court upheld first-instance sentence and corrected clerical error.
IV Ka 818/22
Court dismissed prosecutor's appeal on excessive sentence, ruling first instance penalty was not grossly disproportionate.
IV Ka 594/24
Appeal dismissed; psychiatric expert opinion on defendant's sanity upheld as legally sufficient without new examination.