II Ka 413/22
AI generated
Appeal against sentence for attempted theft dismissed; court upheld original conviction and costs ruling.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's and defense's appeals against the first-instance judgment convicting the defendant of attempted theft. The court found no errors in the legal qualification of the act, the procedural conduct, or the factual findings established during the trial. Consequently, the original sentence and the allocation of court costs were upheld in their entirety.
Legislator headnote
AI generatedArt. 438 pkt 1, 2, 3, 4 k.p.k.; The court of appeal must uphold the first-instance judgment if the legal qualification, procedural conduct, factual findings, and sentencing are correct and do not warrant a change.
Keywords
AI generated
attempted theft
criminal appeal
legal qualification
procedural error
factual findings
court costs
upholding judgment
Cited Legislation
AI generatedArt. 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. 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. 7 k.p.k
Related Decisions
AI generatedII AKa 46/24
Appeal dismissed; court upheld conviction for theft and rejected defense's claim of factual error regarding witness credibility.
IV Ka 1197/19
Appeal dismissed; court upheld first-instance sentence due to lack of grounds for favorable appeal review.
II AKa 475/22
Wyrok Sądu Okręgowego w Katowicach z dnia 17 sierpnia 2022 roku, sygn.
II Ka 259/20
Appeal against conviction for theft dismissed; court upheld first-instance judgment on facts and law.
VII Ka 210/26
Appeal court quashes robbery verdict due to insufficient evidence and remands case for retrial.