Legislator Case Law & Legislation
II Ka 189/22 AI generated

Court dismissed appeal against conviction for attempted rape, upholding original sentence and costs. The court rejected factual errors and legal qualification claims. The appeal was dismissed due to lack of sufficient grounds under criminal procedure law.

Case Number II Ka 189/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for attempted rape under Article 178a of the Criminal Code. The defense argued for a change in the legal qualification of the act and alleged factual errors regarding the defendant's health and family situation, while the prosecutor opposed the appeal. The court found no merit in these arguments, as the original judgment correctly applied the law and established facts without error, leading to the dismissal of the appeal and the award of court costs to the state.

Legislator headnote

AI generated

Art. 438 pkt 1, 3 k.p.k.; The court of appeal must dismiss an appeal if the first-instance judgment is free from material law errors, procedural defects, or factual mistakes that could influence the verdict.

Keywords

AI generated
attempted rape criminal appeal factual error legal qualification court costs Criminal Procedure Code dismissed appeal

Cited Legislation

AI generated
Art. 178a § 1 k.k.
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 3 k.p.k.
Art. 634 k.p.k.
Art. 636 § 2 k.p.k.
Art. 627 k.p.k.
Art. 8 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

Cited Case Law

AI generated
AI generated

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