Legislator Case Law & Legislation
II Ka 356/22 AI generated

Appeal court quashes acquittal due to factual errors, remanding for new trial under no penalty rule.

Case Number II Ka 356/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appeal court quashed the first-instance acquittal and remanded the case for a new trial. The defendant argued that the lower court's factual findings were erroneous under Article 438(3) of the Code of Criminal Procedure. The appellate court ruled that because the defendant was acquitted in the first instance, the appellate court could not convict them under the principle of no penalty for acquittal.

Legislator headnote

AI generated

Art. 438 § 3 k.p.k.; Art. 454 § 1 k.p.k.: The appellate court must quash an acquittal if factual errors were found, as it cannot convict a defendant who was previously acquitted.

Keywords

AI generated
acquittal appeal factual errors no penalty rule remand for retrial appellate procedure

Cited Legislation

AI generated
Art. 438 § 3 k.p.k.
Art. 454 § 1 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. 437 § 2 k.p.k
art. 454 § 1 k.p.k

Cited Case Law

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AI generated

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