II AKa 395/21
AI generated
Appeal dismissed; court upheld first-instance verdict on facts and law regarding multiple criminal charges.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's appeal against the first-instance judgment in a joint criminal case involving two defendants. The prosecution argued that factual findings were erroneous under Article 438(3) of the Code of Criminal Procedure, claiming they impacted the verdict's substance. The court rejected this, finding no material error in the lower court's assessment of evidence or application of law.
Legislator headnote
AI generatedArt. 438 ust. 3 k.p.k.; Art. 632 k.p.k.; The appellate court may uphold a first-instance judgment if the alleged factual errors did not influence the final decision or if the lower court's findings were supported by the evidence.
Keywords
AI generated
criminal appeal
factual findings
joint prosecution
costs of proceedings
Code of Criminal Procedure
Cited Legislation
AI generatedArt. 438 ust. 3 k.p.k.
Art. 632 k.p.k.
art. 286 § 1 k.k
art. 294 § 1 k.k
art. 270 § 1 k.k
art. 13 § 1 k.k
art. 18 § 3 k.k
art. 299 § 1 k.k
art. 18 § 2 k.k
art. 438 pkt 1 k.p.k
Related Decisions
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Court convicted defendant of theft and sentenced to four months imprisonment with compensation order.
IV Ka 748/22
Appeal dismissed; court upheld first-instance conviction for assault on public transport due to lack of procedural errors.
IX Ka 1256/23
Appeal dismissed; court upheld first-instance sentence for criminal offense due to lack of procedural or factual errors.
II AKa 211/20
Appeal dismissed; prosecutor's factual error claim rejected as it did not affect the conviction.
II Ka 122/21
Criminal appeal dismissed; court upheld sentence and awarded defense lawyer costs from state.