VI Ka 503/22
AI generated
Criminal appeal dismissed for excessive sentence; assistant prosecutor's appeal rejected with cost allocation.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Jelenia Góra dismissed the assistant prosecutor's appeal regarding the excessive sentence imposed on the defendant. The defendant argued that the penalty was disproportionately severe under Article 438(4) of the Code of Criminal Procedure, while the prosecutor maintained the sentence was legally justified. The court found no grounds to alter the first-instance ruling and ordered the prosecutor to bear the litigation costs.
Legislator headnote
AI generatedArt. 438 ust. 4 k.p.k.; Art. 636 § 1 k.p.k.: An appeal by an assistant prosecutor regarding excessive sentencing is rejected if the penalty is not found to be grossly disproportionate, and the appellant bears the associated court costs.
Keywords
AI generated
excessive sentence
assistant prosecutor appeal
disproportionate penalty
court costs allocation
criminal appeal procedure
Cited Legislation
AI generatedArt. 438 ust. 4 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. 115 § 2 k.k
art. 286 § 1 k.k
art. 437 § 2 k.p.k
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