Legislator Case Law & Legislation
II AKa 136/21 AI generated

Appeal court partially allowed appeal, upholding sentence while awarding defense lawyer fees and ordering defendant to pay costs.

Case Number II AKa 136/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Warsaw Court of Appeal upheld the first-instance sentence against the defendant while awarding the state-appointed defense lawyer fees and ordering the defendant to pay court costs. The defendant appealed claiming excessive punishment under Article 438(4) of the Code of Criminal Procedure, but the appellate court found no grounds to change the conviction or penalty. Consequently, the court rejected the appeal on the merits but ruled in favor of the defense counsel regarding their remuneration.

Legislator headnote

AI generated

Art. 438 ust. 4 k.p.k.; Art. 438 ust. 4 k.p.k. - The court of appeal may uphold a first-instance sentence if the alleged disproportionality is not proven, while separately awarding costs to the defense lawyer and ordering the defendant to pay procedural expenses.

Keywords

AI generated
excessive punishment proportionality of sentence defense lawyer fees court costs partial appeal success Code of Criminal Procedure state-appointed defense

Cited Legislation

AI generated
Art. 438 ust. 4 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
art. 53 k.k
art. 440 k.p.k
art. 437 § 2 k.p.k
AI generated

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