II Ka 157/22
AI generated
Appeal against sentence upheld; defense costs awarded to state, defendants ordered to pay second-instance fees.
Poland (PL)
Legislator summary
AI generatedThe court upheld the first-instance judgment against the defendants while ordering the State Treasury to pay defense costs for the public defenders. The defendants appealed claiming procedural errors and excessive sentencing under Articles 438 of the Code of Criminal Procedure. The court found no grounds to alter the original verdict but allocated financial responsibilities between the state and the accused.
Legislator headnote
AI generatedArt. 438 ust. 1 pkt 2, 3, 4 k.p.k.; The court of appeal reviews appeals for procedural errors and factual mistakes affecting the verdict, upholding the original sentence when no such defects are found.
Keywords
AI generated
Code of Criminal Procedure
appeal against sentence
defense costs
State Treasury
procedural error
factual findings
second instance
Cited Legislation
AI generatedArt. 438 ust. 1 pkt 2 k.p.k.
Art. 438 ust. 1 pkt 3 k.p.k.
Art. 438 ust. 1 pkt 4 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. 7 k.p.k
art. 437 § 2 k.p.k
Related Decisions
AI generatedII Ka 604/22
Appeal dismissed; defendant's claim of excessive sentence rejected; state covers defense costs due to prison isolation.
II Ka 854/22
Court dismisses prosecutor's appeal on excessive penalty grounds, upholding the driver's ban sentence.
II Ka 131/23
Court grants probation for prisoner sentence due to family obligations and civil liability.
II Ka 148/24
Court combined sentences and increased penalty for repeated thefts, rejecting defense's claim of minor offense classification.
II Ka 884/23
Appeal dismissed; defendant bears full appeal costs as defense was entirely groundless under Polish Criminal Procedure Code.