II AKa 398/23
AI generated
Court increases sentence to four years and credits pre-trial detention time under Polish Criminal Code.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal increased the defendant's sentence to four years and credited the period of temporary detention against this term. The defense argued that the original sentencing was flawed, while the prosecution contested the reduction of the penalty. The court upheld the increase based on the facts found and applied the relevant provisions of the Criminal Code regarding sentence calculation.
Legislator headnote
AI generatedArt. 280 § 2 kk; Art. 63 § 1 kk; Art. 438 k.p.k.: The court may increase the penalty if justified by the circumstances and must credit temporary detention time against the sentence.
Keywords
AI generated
Criminal Code
sentence increase
temporary detention
Criminal Procedure Code
appeal judgment
legal qualification
procedural error
Cited Legislation
AI generatedArt. 280 § 2 kk
Art. 63 § 1 kk
Art. 438 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. 437 § 2 k.p.k
art. 454 § 1 k.p.k
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