VI Ka 210/22 AI generated

Court partially allowed appeal to reduce fine and business ban duration while correcting legal basis.

Case Number VI Ka 210/22

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-10-18

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court partially overturned the first-instance judgment regarding the defendant G. K., reducing the daily fine to 100 zloty and shortening the business ban to two years. The defense argued for leniency and procedural errors, while the prosecution contended for stricter penalties under the relevant tax and criminal codes. The court accepted the reduction requests but upheld the conviction, correcting the legal basis for the business ban to Art. 34 § 2 of the Criminal Code.

Legislator headnote

AI generated

Art. 438 § 2 k.p.k.; Art. 627 k.p.k.; The court may reduce the severity of a penalty or the duration of a criminal measure if the first-instance judgment is found to be excessive or legally flawed, provided the factual findings remain sound.

Keywords

AI generated

criminal appeal procedure reduction of penalty business ban duration legal basis correction procedural error proportionality of punishment costs of litigation