Criminal appeal court quashes lower court sentence due to procedural error regarding recidivism assessment requirements.

The District Court in Garwolin quashed the first-instance judgment and remanded the case for retrial. The defendant, D. B., was convicted of attempted murder under Article 178a of the Criminal Code, with the defense arguing for a lighter sentence based on recidivism exemptions. The appellate court found that the lower court failed to properly assess the statutory conditions for exemption from recidivism, constituting a procedural error under Article 438(2) of the Code of Criminal Procedure. Consequently, the court ordered the case to be re-evaluated by the lower court with corrected legal reasoning regarding the defendant's criminal history.