Legislator Case Law & Legislation
II AKa 383/21 AI generated

Appeal court quashes first-instance acquittal for one defendant due to procedural error while upholding convictions for others.

Case Number II AKa 383/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Appeal quashed the first-instance acquittal of defendant H.K. and terminated criminal proceedings against him due to a procedural error found under Article 438(2) of the Code of Criminal Procedure. While the court upheld the convictions for defendants J.J. and D.J., it ordered the state to cover defense costs for H.K. because the lower court's decision to acquit him was based on a violation of procedural rules. The court determined that the procedural flaw in H.K.'s case was sufficient to overturn the acquittal, whereas the errors in the other defendants' cases did not warrant changing their convictions.

Legislator headnote

AI generated

Art. 438 ust. 2 k.p.k.; Art. 17 § 1 pkt 5 k.p.k.; If a procedural error affects the content of the judgment, the appellate court must quash the decision and remand the case for retrial.

Keywords

AI generated
procedural error acquittal quashed criminal proceedings termination appellate review defense costs state

Cited Legislation

AI generated
Art. 438 ust. 2 k.p.k.
Art. 17 § 1 pkt 5 k.p.k.
art. 148 § 1 k.k
art. 18 § 2 k.k
art. 17 § 1 pkt 5 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 generated
AI generated

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