VI Ka 292/23
AI generated
Appeal court reduced defendant's combined sentence to 2 years 8 months on grounds of excessive punishment.
Poland (PL)
Legislator summary
AI generatedThe appeal court partially modified the combined sentence, reducing the total term to two years and eight months while upholding the remainder of the original judgment. The defendant and defense attorney argued that the imposed penalty was disproportionately severe under Article 438, paragraph 4 of the Code of Criminal Procedure. The court accepted this claim regarding the overall severity but found no error in the specific sentencing components, resulting in a reduction of the aggregate term.
Legislator headnote
AI generatedArt. 438 ust. 4 k.p.k.; Art. 438 ust. 1a k.p.k.; The court may reduce a combined sentence if the total term is found to be excessively disproportionate to the gravity of the crimes committed.
Keywords
AI generated
excessive punishment
combined sentence
proportionality principle
appeal court
Code of Criminal Procedure
Cited Legislation
AI generatedArt. 438 ust. 4 k.p.k.
Art. 438 ust. 1a k.p.k.
Art. 29 Prawo o Adwokaturze
Art. 624 § 1 k.p.k.
Art. 634 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
Cited Case Law
AI generatedIV KK 41/08
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