VI Ka 204/22
AI generated
Criminal appeal dismissed for excessive sentence; court upheld first instance penalty under Art. 178a § 1 k.k.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal regarding the excessive sentence imposed on the defendant for the crime of aggravated theft. The defendant argued that the penalty was disproportionately high compared to the circumstances of the offense, while the prosecution maintained the sentence was appropriate. The court rejected the claim of excessive punishment, thereby upholding the original verdict and ordering the defendant to pay court costs.
Legislator headnote
AI generatedArt. 178a § 1 k.k.; Art. 438 pkt. 4 k.p.k.: The court will not set aside a criminal sentence merely because it is severe if it remains within the bounds of proportionality and does not constitute a glaring disproportion.
Keywords
AI generated
excessive sentence
proportionality principle
aggravated theft
criminal appeal
disproportionate penalty
Cited Legislation
AI generatedArt. 178a § 1 k.k.
Art. 438 pkt. 4 k.p.k.
Art. 636 § 1 k.p.k.
Art. 8 in conjunction with Art. 3 ust. 1 of the Act on Court Fees
§ 1 of the Ministry of Justice Regulation of 18 June 2003
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
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