II Ka 31/23
AI generated
Appeal dismissed; court upheld first-instance sentence for attempted theft due to lack of factual errors.
Poland (PL)
Legislator summary
AI generatedThe appellate court dismissed the defendant's appeal and upheld the first-instance conviction for attempted theft. The defense argued for a change in the verdict based on alleged factual errors, but the court found no such errors in the established facts. Consequently, the judgment was maintained in its entirety, and the defendant was ordered to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 3 k.p.k.; Art. 634 k.p.k.: An appeal based on alleged factual errors is inadmissible if the appellate court finds no errors in the established facts that could have influenced the judgment.
Keywords
AI generated
attempted theft
factual errors
appeal dismissal
court costs
criminal procedure
Cited Legislation
AI generatedart. 634 k.p.k.
art. 636 § 1 k.p.k.
art. 627 k.p.k.
art. 8 w zw. z art. 3 ust. 1 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
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
Related Decisions
AI generatedIX Ka 735/20
Appeal dismissed; sentence upheld due to lack of procedural errors and disproportionate penalty arguments rejected.
III Ka 573/21
Appeal dismissed; court upheld first-instance verdict on traffic offense due to procedural errors not affecting verdict outcome.
IV Ka 751/23
Appeal dismissed; court upheld first-instance verdict on guilt and penalty despite procedural arguments.
II Ka 299/24
Court partially allowed appeal by reducing prison sentence for driving a moped against ban.
II AKa 479/21
Appeal court partially allowed defense appeal, reducing combined sentence via absorption principle for similar crimes.