Legislator Case Law & Legislation
IX Ka 831/22 AI generated

Appeal court quashes first-instance sentence for attempted rape and remands case for retrial.

Case Number IX Ka 831/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appeal court quashed the first-instance judgment and remanded the case for a retrial before the district court. The defendant, E. H., was originally convicted of attempted rape under Article 121 § 2 of the Criminal Code. The court found the original decision legally flawed and ordered a new proceeding to address the procedural errors.

Legislator headnote

AI generated

Art. 385 § 1 k.p.k.; Art. 121 § 2 k.k.: The appeal court quashes a first-instance judgment when it finds a violation of the law or a defect in the proceedings, thereby remanding the case for a new trial.

Keywords

AI generated
attempted rape conviction appeal court quashing remand for retrial Criminal Code Article 121 procedural defect

Cited Legislation

AI generated
Art. 385 § 1 k.p.k.
Art. 121 § 2 k.k.

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