II Ka 217/22
AI generated
Court partially allowed appeal to increase sentence and victim compensation while upholding other penalties.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially revoked the first-instance judgment, increasing the defendant's prison term to one year and raising victim compensation to 5,000 PLN. The defense argued for leniency based on factual errors and excessive penalties, while the prosecution sought higher restitution. The court found the original sentence too light and the compensation insufficient, thereby increasing both while maintaining the suspended sentence and curative supervision.
Legislator headnote
AI generatedArt. 438 pkt. 3 k.p.k.; Art. 438 pkt. 4 k.p.k.: The court may increase a sentence or compensation if factual errors or gross disproportionality were found in the first-instance ruling.
Keywords
AI generated
appellate review
gross disproportionality
factual errors
victim compensation
suspended sentence
curative supervision
partial appeal success
Cited Legislation
AI generatedArt. 191 § 1a kk
Art. 69 § 1 i 2 kk
Art. 70 § 2 kk
Art. 73 § 2 kk
Art. 438 pkt. 3 k.p.k.
Art. 438 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
Related Decisions
AI generatedIV Ka 1020/23
Criminal appeal court increases fine and proximity ban while exempting defendant from state court costs due to poverty.
III Ka 112/21
Appeal against joint sentence upheld; defense costs awarded to state; defendant exempted from appeal costs.
II Ka 590/21
Drug instance court reduced drug offense sentence from prison to fine due to lesser weight circumstance.
VI Ka 588/20
Appeal against joint verdict upheld; defendant ordered to pay defense costs and waived from court fees.
II Ka 811/21
Court partially allowed appeal to reduce sentence and fine for drunk driving causing injury.