Legislator Case Law & Legislation
II AKa 228/22 AI generated

Appeal court partially allowed claim for compensation for wrongful conviction, upholding conviction while ordering state to pay costs.

Case Number II AKa 228/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially upheld the appeal, maintaining the original conviction while ordering the State Treasury to bear the costs of the appeal proceedings. The appellant argued for compensation based on the erroneous denial of their request, citing procedural errors under Article 438(2) of the Criminal Procedure Code. The court rejected the request for compensation as the conviction was not found to be wrongful, but recognized the procedural irregularity by shifting financial responsibility to the state.

Legislator headnote

AI generated

Art. 438 ust. 2 k.p.k.; Art. 115 ust. 3 k.p.w.: The court may uphold a conviction while dismissing a claim for compensation for wrongful conviction if the conviction stands, but must order the State to bear appeal costs when the proceedings are free of such costs.

Keywords

AI generated
wrongful conviction compensation procedural error appeal State Treasury costs criminal procedure code partial appeal success state liability appellate review

Cited Legislation

AI generated
Art. 438 ust. 2 k.p.k.
Art. 115 ust. 3 k.p.w.
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
art. 410 k.p.k
art. 109 § 2 k.p
AI generated

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