II Ka 48/23 AI generated

Criminal appeal dismissed; lower court's conviction under Art. 178a § 1 kk upheld against defense arguments.

Case Number II Ka 48/23

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2023-04-05

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defense's appeal against the first-instance conviction for the crime defined in Article 178a § 1 of the Criminal Code. The defense argued procedural errors and factual mistakes under Articles 438 and 439 of the Code of Criminal Procedure, but the appellate court found no grounds to overturn the original judgment. Consequently, the conviction was upheld, and the defendant was ordered to pay court costs.

Legislator headnote

AI generated

Art. 636 § 1 k.p.k.; Art. 438 k.p.k.; Art. 439 k.p.k.: An appeal is dismissed when the appellate court finds no legal or factual errors in the first-instance judgment that could affect the outcome.

Keywords

AI generated

criminal appeal Article 178a kk procedural error factual error court costs dismissed appeal Criminal Code

Cited Legislation

AI generated

art. 636 § 1 k.p.k.

art. 8 w zw. z art. 3 ust. 1 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

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

Cited Case Law

AI generated

Supreme Court dismissed criminal appeal for drunk driving conviction due to lack of procedural errors affecting the verdict.

Supreme Court quashes acquittal due to failure to analyze all evidence under Art. 5 and 7 of Criminal Procedure Code.

Supreme Court quashes appeal to allow retrial after finding self-lustration request invalid due to procedural defect.

AI generated

Appeal dismissed; court upheld first-instance ruling on wrongful detention compensation and legal aid fees.

Appeal dismissed; court upheld first instance facts as both versions were logically probable without sufficient evidence to exclude defendant's account.

Court modifies sentence for negligent child injury by confirming facts but reducing penalty due to procedural errors.

Appeal dismissed; defendant failed to exhaust all legal provisions of the Sunday trading ban offense.

Appeal court quashes disciplinary acquittal due to procedural error requiring retrial under Polish Code of Civil Procedure.

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