II Ka 721/21 AI generated

Appeal dismissed; first-instance conviction upheld; state pays defense costs for prisoner defendant.

Case Number II Ka 721/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-05-31

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for attempted theft and upheld the original sentence. The defendant argued for acquittal but failed to provide sufficient grounds to overturn the factual findings or legal qualification of the crime. Consequently, the court ruled that the state must cover the costs of the defense lawyer provided by the Ministry of Justice, while exempting the defendant from court fees due to his imprisonment.

Legislator headnote

AI generated

Art. 438 k.p.k.; Art. 624 k.p.k. in conjunction with Art. 626 k.p.k. and Art. 634 k.p.k.: An appeal lacking substantive grounds results in the dismissal of the appeal and the maintenance of the first-instance judgment, while the state bears the costs of defense for a prisoner defendant under the relevant regulations.

Keywords

AI generated

attempted theft conviction dismissal of appeal maintenance of judgment state defense costs prisoner court fees advocate on behalf of state criminal procedure appeal

Cited Legislation

AI generated

§ 2 in conjunction with § 17 ust. 2 pkt 4 of the Ministry of Justice Regulation of 3 October 2016 on the bearing of costs of non-paid legal aid

Art. 624 of the Code of Criminal Procedure in conjunction with Art. 626 of the Code of Criminal Procedure in conjunction with Art. 634 of the Code of Criminal Procedure

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

AI generated

VII Ka 118/21

Court replaces suspended prison sentence with daily fine and adjusts damage valuation in theft case.

VI Ka 526/25

Appeal court reduced sentences for multiple charges and damages while applying the principle of ne peius.