II Ka 20/23 AI generated

Appeal dismissed; lower court's conviction under Art. 178a § 1 kk upheld due to procedural error not affecting verdict.

Case Number II Ka 20/23

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2023-03-16

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defense's appeal against the district court's conviction for theft. The defense argued a procedural error under Article 438(2) of the Code of Criminal Procedure, but the court found this did not influence the final judgment. Consequently, the original conviction was upheld, and the defendant was ordered to pay court costs.

Legislator headnote

AI generated

Art. 438 pkt. 2 k.p.k.; Art. 636 k.p.k.: A procedural error under Art. 438(2) k.p.k. does not justify overturning a conviction if it did not affect the substance of the verdict.

Keywords

AI generated

procedural error appeal dismissal Code of Criminal Procedure substantive impact court costs theft conviction lower court

Cited Legislation

AI generated

art. 438 pkt. 2 k.p.k.

art. 636 k.p.k.

art. 634 k.p.k.

art. 626 § 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. 7 k.p.k

Cited Case Law

AI generated

Supreme Court dismissed cassation as obviously unfounded for repeating first-instance appeal arguments against second-instance judgment.

Supreme Court quashes lower court verdict for failing to assess defendant's intent regarding VAT fraud.

Supreme Court dismisses appeal as obviously groundless regarding mandatory sentencing provisions and general procedural rules.

Supreme Court dismissed cassation as obviously groundless, upholding lower court's factual findings and sentencing.

AI generated

Court dismissed defense appeal on sentencing, upholding first-instance conviction and awarding costs to the state.

Appeal dismissed; court upheld drug trafficking convictions and rejected excessive sentence claims.

Appeal dismissed; court upheld first-instance conviction for driving under influence without new facts.

Court dismissed appeal regarding drug trafficking charges, upholding first-instance conviction and costs order.

Appeal dismissed; court upheld first-instance conviction and sentencing for criminal acts under Polish Penal Code.

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