II Ka 925/22
AI generated
Criminal appeal dismissed; sentence upheld due to lack of excessive penalty claim evidence.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's partial appeal regarding the criminal sentence. The defense argued for a reduction based on excessive punishment under Article 438(4) of the Code of Criminal Procedure, but failed to substantiate this claim. Consequently, the court upheld the original verdict and ordered the defendant to pay court costs.
Legislator headnote
AI generatedArt. 438 ust. 4 k.p.k.; Art. 634 k.p.k. w zw. z art. 636 § 1 k.p.k.: An appeal claiming excessive punishment must be substantiated by evidence; without proof of disproportionality, the original sentence stands.
Keywords
AI generated
excessive punishment
criminal appeal
sentence modification
proportionality principle
court costs
partial appeal
substantiation burden
Cited Legislation
AI generatedArt. 438 ust. 4 k.p.k.
Art. 634 k.p.k.
Art. 636 § 1 k.p.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
art. 439 k.p.k
art. 85 §1 k.k
art. 86 §1 k.k
Related Decisions
AI generatedII Ka 372/21
Appeal dismissed; first-instance conviction upheld due to lack of procedural or substantive errors.
II Ka 131/23
Court grants probation for defendant convicted of assault, suspending prison sentence for three years.
II Ka 149/24
Court dismissed appeals against a criminal sentence, upholding the first-instance judgment on facts and law.
II Ka 331/24
Court acquits defendant on two charges but upholds the remaining conviction and sentence.
II Ka 609/24
Appeal dismissed; defendant ordered to pay defense costs but waived due to financial hardship.