II Ka 151/23
AI generated
Appeal dismissed; court upheld lower court's conviction and costs order against defendants.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal against the first-instance judgment convicting two defendants of theft and related offenses. The defense argued that the legal qualification of the acts was flawed and that factual findings were erroneous under the Code of Criminal Procedure. The court rejected these claims, affirming that the lower court correctly applied the law and established facts, thereby upholding the conviction and the order for the defendants to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 1, 2, 3 k.p.k.; Art. 636 k.p.k. w zw. z art. 634 k.p.k.; The appeal is dismissed when the appellate court finds no error in the legal qualification of the act or in the factual findings of the first-instance judgment.
Keywords
AI generated
Code of Criminal Procedure
legal qualification error
factual findings error
appeal against conviction
court costs award
theft offense
dismissal of appeal
Cited Legislation
AI generatedart. 438 pkt 1 k.p.k.
art. 438 pkt 2 k.p.k.
art. 438 pkt 3 k.p.k.
art. 636 k.p.k.
art. 634 k.p.k.
art. 626 § 1 k.p.k.
art. 627 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedVI Ka 641/23
Court quashes lower court appeal verdict in favor of defendant and remands case for retrial.
II Ka 348/22
Appeal dismissed; first-instance conviction upheld; defense argued procedural errors but none found.
II Ka 305/23
Court dismisses appeal on excessive penalty grounds, upholding original sentence and awarding costs.
VII Ka 428/21
Appeal court partially allowed appeal by adding Art. 42§4 kk to legal basis for state-funded defense costs.
II Ka 400/24
Criminal appeal dismissed; defendant loses appeal and must pay court costs and fees.