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VI Ka 20/22 AI generated

Appeal dismissed; defense lawyer's procedural error regarding defense costs does not justify overturning the first-instance sentence.

Case Number VI Ka 20/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defense lawyer's appeal against the first-instance criminal judgment. The defense argued that the lower court erred in awarding costs for the defense lawyer's failure to appear at two court sessions. The court upheld the original sentence but ordered the state to pay the defense lawyer the awarded costs, while exempting the defendant from paying court fees due to his prison status.

Legislator headnote

AI generated

Art. 438 ust. 1 pkt 2 k.p.k.; Art. 29 ust. 1 ustawy Prawo o Adwokaturze; Art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.: A procedural error by the defense counsel does not constitute grounds for overturning a criminal verdict if the court separately awards the counsel's costs and exempts the defendant from court fees based on material circumstances.

Keywords

AI generated
criminal appeal defense costs procedural error court fees exemption lawyer's absence material circumstances state payment

Cited Legislation

AI generated
Art. 438 ust. 1 pkt 2 k.p.k.
Art. 29 ust. 1 ustawy Prawo o Adwokaturze
Art. 624 § 1 k.p.k.
Art. 634 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. 280 § 2 k.k
AI generated
IV Kow 418/16
Court grants conditional early release to prisoner based on positive criminological prognosis and good behavior.
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Court joins two prison sentences totaling nine months while dismissing other penalties due to chronological incompatibility.
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Court combined five sentences into a 2.5-year prison term using absorption due to close temporal and subject links.
III Kow 2040/15
Probation denied to recidivist with personality disorders and failed prior probation attempts.

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