Appeal court quashes first-instance conviction for malicious disturbance due to missing statutory elements in the charge description.
Poland (PL)
Legislator summary
AI generatedThe appeal court quashed the first-instance conviction and acquitted the defendant because the lower court failed to include all statutory elements of the offense in its charge description. The defense argued for a complete description of the act, and the appellate court agreed that adding missing elements on appeal would violate procedural principles. Consequently, the court exercised its duty to change the verdict in favor of the accused, resulting in an acquittal and state payment of costs.
Legislator headnote
AI generatedArt. 107 k.w.; Art. 440 k.p.k.; Art. 443 k.p.k.: The appellate court must quash a conviction if the lower court's description of the act lacks statutory elements required for the offense, as adding such elements on appeal would violate the principle against prejudice to the accused.