II Ka 112/23
AI generated
Court acquits defendant on alimentary duty breach due to factual error in first instance findings.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal overturned the first-instance conviction, acquitting the defendant of failing to fulfill alimentary obligations. The defendant argued that the lower court erred in its factual findings regarding the existence of the alleged SMS evidence. The appellate court agreed, determining that the facts established by the first instance were incorrect and thus the conviction could not stand.
Legislator headnote
AI generatedArt. 438 pkt 3 k.p.k.; Art. 634 k.p.k.: If the first instance court committed a material error in factual findings that influenced the verdict, the appeal court must acquit the defendant if the evidence does not support the conviction.
Keywords
AI generated
alimentary obligations
factual error
appeal court
acquittal
SMS evidence
criminal procedure
art 438 k.p.k.
Cited Legislation
AI generatedart. 438 pkt 3 k.p.k.
art. 634 k.p.k.
art. 632 pkt 2 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. 437 § 2 k.p.k
Cited Case Law
AI generatedIII KK 64/22
Supreme Court quashes conviction for aliment evasion due to insufficient review of defendant's inability to pay.
II KK 211/17
Supreme Court dismissed RPO's cassation against conviction for habitual non-payment of child support via enforcement.
IV KK 706/19
Supreme Court quashes lower court ruling for failure to assess defendant's ability to pay alimony obligations.
Related Decisions
AI generatedVI Ka 593/21
Appeal dismissed; court upheld sentence as not excessively harsh given defendant's current criminality and circumstances.
II Ka 698/25
Court acquits defendant on alimentary duty breach, finding factual error regarding enforcement proceedings.
VI Ka 337/21
Appeal dismissed; sentence upheld as not excessively harsh despite defense's claim of disproportionality.
V K 777/20
Court convicted defendant of persistent failure to fulfill alimentary duty with a 2-year prison sentence.
II Ka 451/22
Appeal dismissed; conviction for illegal possession of firearms upheld; defense failed to prove procedural errors.