II AKa 293/21
AI generated
Appeal court removes joint liability clause from sentence while upholding main conviction and costs.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal partially modified the first-instance judgment by striking out Article 11 § 2 of the Criminal Code regarding joint liability for the defendants. The defense argued this provision was incorrectly applied to their specific criminal acts, while the prosecution maintained the original qualification. The court agreed to remove the joint liability element but upheld the primary conviction and awarded costs to the private prosecutor.
Legislator headnote
AI generatedArt. 11 § 2 k.k.; Art. 438 § 2 k.p.k.; Art. 438 § 3 k.p.k.: The court may remove a specific legal qualification from a conviction if the appeal demonstrates a procedural error or factual mistake that affected the judgment, while retaining the core criminal liability.
Keywords
AI generated
joint criminal liability
Criminal Code Article 11
appeal court modification
procedural error
private prosecutor costs
Cited Legislation
AI generatedArt. 11 § 2 k.k.
Art. 438 § 2 k.p.k.
Art. 438 § 3 k.p.k.
art. 294 § 1 k.k
art. 11 § 2 k.k
art. 12 k.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
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