II AKa 119/22
AI generated
Appeal court dismissed appeal against sentence but awarded legal aid costs to the defense lawyer from the state.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the appellant's request to overturn the first-instance criminal judgment regarding the defendant's sentence. While the substantive ruling on the conviction and penalty was upheld, the court ordered the State Treasury to pay the defense lawyer's fees for legal aid provided during the appeal proceedings. The decision rests on the procedural rule that criminal proceedings are exempt from court costs, thereby shifting the financial burden of the defense to the state.
Legislator headnote
AI generatedArt. 554 § 4 k.p.k.; Art. 554 § 1 k.p.k.: In criminal proceedings exempt from court costs, expenses incurred by the defense lawyer in appeal proceedings are borne by the State Treasury.
Keywords
AI generated
criminal appeal proceedings
legal aid costs
State Treasury liability
defense lawyer fees
court cost exemption
procedural law
criminal procedure code
Cited Legislation
AI generatedArt. 554 § 4 k.p.k.
Art. 554 § 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. 4 k.p.k
art. 7 k.p.k
art. 410 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedIV Ka 531/24
Court dismissed prosecutor's appeal on legal qualification, upholding separate offenses under Art. 119 § 1 k.w. despite prosecutor's claim for Art. 12 § 2 k.k.
IX Ka 292/20
Court dismissed appeal against criminal sentence for excessive punishment, upholding first instance ruling.
IX Ka 165/20
Court dismissed appeal against criminal sentence for dangerous driving, upholding original judgment on penalty and measures.
IV Ka 571/23
Court rejects prosecutor's appeal on factual errors, upholding suspended sentence and traffic ban for drunk driving.
IV Ka 206/22
Court quashes acquittal on one charge due to factual error and remands for retrial.