Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II Ka 869/22 AI generated

Appeal dismissed; court upheld lower court's conviction and cost allocation under Polish Criminal Procedure Code.

Case Number II Ka 869/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the prosecutor's and private prosecutor's appeals against the first-instance judgment convicting the defendant. The lower court found the defendant guilty under Article 279 of the Criminal Code and ordered the state to pay the defendant's legal costs while exempting the private prosecutor from fees. The appellate court rejected the procedural objections regarding errors in the trial record and procedural violations, ruling that the first-instance verdict remained valid.

Legislator headnote

AI generated

Art. 438 pkt 2, 3 k.p.k.; Art. 13 ust. 2, 17 ustawy o opłatach w sprawach karnych; The appellate court may dismiss appeals if the first-instance judgment is substantively correct and procedural errors did not affect the outcome, while cost allocation follows statutory principles of fairness.

Keywords

AI generated
criminal appeal procedure procedural error review legal costs allocation private prosecutor exemption conviction upholding

Cited Legislation

AI generated
Art. 13 ust. 2 and Art. 17 of the Act on fees in criminal proceedings
§ 11 ust. 2 pkt 4 of the Regulation on fees for legal activities
Art. 632 pkt 2 of the Code of Criminal Procedure
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
art. 454 § 1 k.p.k
AI generated
II AKa 257/23
Appeal dismissed for excessive sentence; court found no gross disproportionality despite defense's arguments on state-funded legal aid rates.
IV Ka 388/25
Appeal dismissed; court rejected defense's claim of procedural error regarding unresolved ambiguities under Art. 5 § 2 K.P.K.
IV Ka 406/21
Appeal against acquittal dismissed; court orders retrial to avoid ne peius violation under Art. 454 § 1 k.p.k.
II AKa 291/21
Appeal court increased combined sentence from 8 to 9 years 8 months due to gross disproportionality.
II Ka 310/20
Appeal against public prosecutor dismissed; first-instance conviction upheld; defendant awarded legal costs.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text