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II AKa 164/21 AI generated

Appeal court corrects legal qualification of court bailiff role and upholds sentence while awarding costs to state.

Case Number II AKa 164/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court partially overturned the first-instance judgment by correcting the legal characterization of the defendant's occupation from 'court bailiff' to 'position of court bailiff.' The prosecution and defense appealed specific points regarding the charge under Article 231 § 2 of the Criminal Code and the wording of the sentence. The court ruled that the precise legal terminology was erroneous but the substantive conviction remained valid, while ordering the defendant to bear the litigation costs.

Legislator headnote

AI generated

Art. 231 § 2 k.k.; Art. 438 k.p.k.: The court must correct erroneous legal qualification of the defendant's role in the charge description to ensure precise statutory alignment, while maintaining the validity of the conviction if the core elements of the crime are substantively correct.

Keywords

AI generated
legal qualification error court bailiff position criminal appeal procedure litigation costs allocation Article 231 Criminal Code procedural correction partial sentence modification

Cited Legislation

AI generated
Art. 231 § 2 k.k.
Art. 438 k.p.k.
art. 231 § 2 k.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. 284 § 2 k.k
art. 294 § 1 k.k
AI generated
II AKa 281/20
Appeal court upholds criminal sentence and orders state to pay legal aid costs to indigent defendant.
II AKa 92/23
Appeal dismissed; court upheld factual findings and penalty for rat poison distribution despite procedural errors.
II AKa 426/23
Appeal court quashes first-instance judgment due to procedural errors and factual mistakes under Polish Criminal Procedure Code.
II AKa 62/21
Appeal court quashes first-instance conviction due to procedural error regarding witness testimony credibility assessment.
IV Ka 460/22
Court dismissed appeal against criminal conviction for fraud, upholding intentional joint crime finding and procedural correctness.

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