II K 24/21
AI generated
Appeal dismissed; court upheld conviction for false reporting and perjury despite unproven past sexual crimes.
Poland (PL)
Legislator summary
AI generatedThe appellate court dismissed the appeal against the first-instance judgment convicting the defendant for false reporting and perjury. The defendant argued that the court should have investigated past alleged sexual offenses against minors, which the prosecution failed to prove in a separate investigation. The court ruled that the defendant's current testimony regarding defamation was truthful and that the unproven past conduct did not negate the criminality of the reported acts.
Legislator headnote
AI generatedArt. 233 § 1 k.k.; Art. 238 k.k.; Art. 233 § 1 k.k. in conjunction with Art. 238 k.k.; The court may not rule on unproven past criminal conduct when assessing the truthfulness of current testimony regarding separate, proven offenses.
Keywords
AI generated
false reporting of crime
perjury by witness
unproven past conduct
defamation allegations
appellate review standard
Cited Legislation
AI generatedArt. 233 § 1 k.k.
Art. 238 k.k.
Art. 11 § 2 k.k.
Art. 12 § 1 k.k.
Art. 183 § 1 k.p.k.
Art. 17 § 1 pkt 6 k.p.k.
Art. 636 § 1 k.p.k.
art. 387 k.p.k
art. 233 § 1 k.k
art. 238 k.k
Cited Case Law
AI generatedRelated Decisions
AI generatedII K 1706/13
Court convicted defendant of sexual offenses against minors and suspended sentence with supervision.
II K 7/22
Court imposes 3-year prison sentence and 10-year prohibition on sexual contact with the victim.
II AKa 39/23
Court dismisses appeal against conviction for sexual offenses involving a minor, rejecting procedural and factual errors claims.
III KK 304/23
Supreme Court dismisses appeal as obviously unfounded due to improper procedural focus on first-instance facts.
II KK 433/21
Supreme Court quashes combined sentence due to retroactive application of more lenient law under Art. 4 § 1 CC.