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II Ka 36/23 AI generated

Court upheld conviction for theft by violence and imposed suspended sentence with fine.

Case Number II Ka 36/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce modified the first-instance judgment to convict the defendant of theft by violence and imposed a one-year suspended sentence with a fine. The defense argued for acquittal based on material law errors, but the court found the facts of using violence to recover a debt and taking a phone sufficient for conviction. Consequently, the appeal was rejected in part, while the costs were allocated between the parties according to the Criminal Procedure Code.

Legislator headnote

AI generated

Art. 191 § 2 kk; Art. 69 § 1, 2 kk; Art. 70 § 1 kk; Art. 33 § 2, 3 kk; Art. 72 § 1 pkt 1 kk: The court may uphold a conviction for theft by violence and impose a suspended sentence if the facts are established, rejecting appeals based on material law errors when the statutory elements are met.

Keywords

AI generated
theft by violence suspended sentence criminal appeal material law error Criminal Procedure Code

Cited Legislation

AI generated
Art. 191 § 2 kk
Art. 69 § 1, 2 kk
Art. 70 § 1 kk
Art. 33 § 2, 3 kk
Art. 72 § 1 pkt 1 kk
Art. 13 ust. 2 ustawy o opłatach w sprawach karnych
Art. 636 § 2 kpk w zw. z art. 633 kpk
Art. 10 ust. 1 ustawy o opłatach w sprawach karnych
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
AI generated
IX Ka 1713/24
Court partially allows appeal by suspending probation suspension due to factual error on minor damage assessment.
IV Ka 443/22
Appeal dismissed; appellate court upheld first instance judgment on facts and law regarding criminal liability.
II AKa 228/19
Appeal dismissed; court upheld first-instance conviction despite defense's factual and legal errors claims.
II AKa 100/24
Appeal partially allowed regarding compensation amount and costs; first-instance judgment upheld on other points.
II AKa 89/21
Court changes robbery conviction to theft due to voluntary abandonment of violence, reducing sentence.

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