II Ka 54/23
AI generated
Court dismissed prosecutor's appeal on factual errors, upholding drug trafficking conviction and costs. Prosecutor argued factual errors; court found no impact on verdict, dismissing appeal.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the prosecutor's appeal against the first-instance conviction for drug trafficking, upholding the original sentence. The prosecutor alleged factual errors in the lower court's findings, but the appellate court determined these did not influence the final judgment. Consequently, the conviction and the state's liability for appeal costs were confirmed.
Legislator headnote
AI generatedArt. 438 pkt. 3 k.p.k.; Art. 636 § 1 k.p.k.: An appeal based on alleged factual errors is dismissed if the errors did not affect the substance of the verdict, and the state bears appeal costs under Art. 636 § 1 k.p.k.
Keywords
AI generated
drug trafficking conviction
factual error appeal
prosecutor appeal dismissed
criminal appeal costs
state liability costs
Cited Legislation
AI generatedArt. 438 pkt. 3 k.p.k.
Art. 636 § 1 k.p.k.
Art. 9 of the Act on Fees in Criminal Proceedings
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
art. 454 § 1 k.p.k
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