II Ka 22/23
AI generated
Court changes sentence basis to Art. 14 kk for aggravated robbery, reducing penalty to two years.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially overturned the first-instance judgment by modifying the legal basis for sentencing from Article 13 to Article 14 of the Criminal Code. The prosecution appealed claiming the original sentence was disproportionately light for the aggravated robbery committed. The court ruled that the aggravated nature of the crime required a different statutory basis, thereby reducing the penalty to two years of imprisonment.
Legislator headnote
AI generatedArt. 13 § 1 kk w zw. z art. 280 § 1 kk; Art. 14 § 1 kk: The court established that when a crime involves aggravating circumstances defined in Article 14, the penalty must be calculated under that specific provision rather than the base offense provision.
Keywords
AI generated
aggravated robbery
disproportionate sentence
Criminal Code Article 14
appellate review
sentencing basis
Cited Legislation
AI generatedArt. 13 § 1 kk
Art. 280 § 1 kk
Art. 14 § 1 kk
Art. 11 § 3 kk
art. 634 kpk
art. 624 § 1 kpk
art. 17 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
Related Decisions
AI generatedII Ka 705/25
Appeal dismissed; sentence upheld; defendant exempted from court costs due to financial hardship and prison isolation risk.
VI Ka 536/20
Court partially allowed prosecutor's appeal, increasing sentence and adding vehicle ban due to gross disproportionality.
II AKa 166/25
Appeal court modifies sentence by removing one legal basis while keeping the rest and shifts costs to the state.
II Ka 417/23
Court dismissed appeal against drunk driving conviction, upholding first instance verdict on evidence evaluation.
VI Ka 613/21
Court modifies criminal sentence by removing personal gain motive and reducing fine for theft charges.