Legislator Case Law & Legislation
II Ka 139/24 AI generated

Court dismisses appeal on sentence proportionality but exempts defendant from appeal costs due to prison sentence and alimony duties.

Case Number II Ka 139/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court dismissed the defendant's appeal regarding the proportionality of the sentence but exempted him from bearing the costs of the appeal proceedings. The defendant argued that the sentence was excessively harsh, while the prosecution contended otherwise. The court upheld the original sentence but waived the defendant's financial liability for the appeal costs, citing his ongoing prison term and alimony obligations.

Legislator headnote

AI generated

Art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.; When a convicted person is serving a prison sentence and bears alimony obligations, the court may exempt them from bearing the costs of appeal proceedings.

Keywords

AI generated
proportionality of sentence exemption from appeal costs prison sentence alimony obligations criminal procedure code state funding of defense appeal proceedings

Cited Legislation

AI generated
art. 624 § 1 k.p.k.
art. 634 k.p.k.
art. 636 § 1 k.p.k.
art. 438 pkt. 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. 437 § 2 k.p.k
AI generated

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