II Ka 582/22 AI generated

Appeal dismissed; court upheld first-instance conviction for attempted rape and ordered defendant to pay appeal costs.

Case Number II Ka 582/22

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-10-07

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defense's appeal against the first-instance conviction for attempted rape under Article 177 of the Criminal Code. The defense argued procedural errors and factual mistakes under Articles 438 and 439 of the Code of Criminal Procedure, but the appellate court found no grounds to overturn the original judgment. Consequently, the conviction was upheld, and the defendant was ordered to pay 545 PLN in appeal costs.

Legislator headnote

AI generated

Art. 438 pkt 2, 3 k.p.k.; Art. 636 § 1 k.p.k.: The appellate court may dismiss an appeal when the first-instance judgment is free of procedural errors affecting the outcome and the defendant is liable for appeal costs.

Keywords

AI generated

Code of Criminal Procedure appeal on merits procedural error factual error attempted rape court costs dismissal of appeal

Cited Legislation

AI generated

Art. 177 § 1 kk

Art. 438 pkt 2 k.p.k.

Art. 438 pkt 3 k.p.k.

Art. 636 § 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

AI generated

Court changes vehicle ban basis to Art. 42§3 kk and extends ban to 15 years for Art. 178a§4 kk offense.

Court partially allowed appeal by adding a fine for procedural error in sentencing agreement. The court found the lower court omitted an agreed fine. The court ordered the addition of the fine to the sentence. The court ruled the lower court's omission of the fine was a procedural error. The court ordered the lower court to add the fine to the sentence. The court held the lower court's omission of the fine was a procedural error. The court ordered the lower court to add the fine to the sentence.

Appeal court modifies first-instance judgment to add specific statutory basis for sentencing for two defendants.

Appeal dismissed; court found no procedural error despite inconsistent citation of evidence admissibility articles.

Appeal dismissed for defense fee claim; court lacks basis to award state-paid counsel fees under specific regulation.

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