VI Ka 750/22
AI generated
Appeal dismissed; defense lawyer's procedural error and defense fee claim upheld; defendant exempted from costs.
Poland (PL)
Legislator summary
AI generatedThe appellate court dismissed the defense lawyer's appeal against the first-instance judgment, upholding the conviction and the order for the lawyer to pay defense fees. The defense argued for a change in the verdict based on procedural errors, but the court found no such impact on the trial's outcome. Consequently, the court ruled that the defense lawyer must cover the costs of the defense while exempting the defendant from paying court costs.
Legislator headnote
AI generatedArt. 438 pkt. 2 k.p.k.; Art. 624 § 1 k.p.k.: An appeal based on procedural errors that did not affect the trial's outcome is rejected, and the defense lawyer remains liable for defense fees while the defendant is exempted from court costs.
Keywords
AI generated
criminal appeal procedure
defense lawyer liability
procedural error impact
court costs exemption
defense fee claim
appellate review standard
public prosecution costs
Cited Legislation
AI generatedArt. 29 ust. 1 of the Lawyers Act
Art. 624 § 1 of the Code of Criminal Procedure
Art. 634 of the Code of Criminal Procedure
art. 226 § 1 k.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
Related Decisions
AI generatedIX Ka 165/20
Appeal dismissed; appellate court upheld first-instance sentence for dangerous driving with fine and vehicle ban.
II Ka 145/20
Court corrects clerical error and increases sentence in criminal appeal case under Polish Criminal Procedure Code.
II Ka 782/25
Court partially allows appeal by quashing confiscation of tobacco machinery due to identical evidence already confiscated in separate proceedings.
II Ka 877/22
Appeal dismissed; defendant acquitted of procedural errors but state pays defense costs while defendant waives appeal costs.
IX Ka 262/22
Court dismissed prosecutor's appeal on excessive penalty, upholding original sentence for drunk driving.