II AKa 267/22
AI generated
Appeal dismissed; sentence upheld; time served credited; costs awarded to defense; state bears appeal costs.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's appeal against the conviction and sentence while granting the defense's request to credit time already served. The defendant, T. D., was convicted of theft and robbery, and the defense argued for cost relief due to imprisonment. The court upheld the conviction but recognized the defendant's inability to pay, ordering the state to cover appeal costs while awarding the defense attorney's fees to the defendant.
Legislator headnote
AI generatedArt. 634 k.p.k.; Art. 636 § 1 k.p.k.; Art. 624 § 1 k.p.k.: The court may order the defendant to pay procedural costs but, considering their personal and financial situation, may exempt them from payment, requiring the state to bear the costs instead.
Keywords
AI generated
criminal appeal procedure
time served credit
procedural costs allocation
state bearing costs
defendant financial situation
Cited Legislation
AI generatedArt. 634 k.p.k.
Art. 624 § 1 k.p.k.
Art. 636 § 1 k.p.k.
§ 11 ust. 2 pkt 5 i ust. 7 rozporządzenia Ministra Sprawiedliwości z dnia 22 października 2015 r. w sprawie opłat za czynności adwokackie
art. 13 § 1 k.k
art. 148 § 1 k.k
art. 156 § 1 pkt 2 k.k
art. 11 § 2 k.k
art. 63 § 1 k.k
art. 438 pkt 1 k.p.k
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II AKa 253/21
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