II Ka 228/24
AI generated
Court dismissed appeal against criminal sentence for aggravated theft, upholding lower court ruling on legal qualification and penalty.
Poland (PL)
Legislator summary
AI generatedThe District Court in Siedlce dismissed the defendant's appeal against a first-instance conviction for aggravated theft under Article 178a § 4 of the Criminal Code. The defense argued errors in legal qualification and sentencing proportionality, but the appellate court found no grounds to overturn the original judgment. Consequently, the court upheld the conviction and ordered the defendant to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 1-4 k.p.k.; The appellate court may dismiss an appeal when the lower court's legal qualification of the act and the imposed penalty are correct and proportionate, with no errors in fact-finding or procedural law affecting the verdict.
Keywords
AI generated
criminal appeal
aggravated theft
legal qualification
sentencing proportionality
dismissed appeal
court costs
Criminal Code
Cited Legislation
AI generatedArt. 178a § 4 kk
Art. 64 § 1 kk
Art. 438 pkt 1 k.p.k.
Art. 438 pkt 1a 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. 634 kpk
Art. 636 § 1 kpk
Art. 627 kpk
Art. 8 ustawy o opłatach w sprawach karnych
Cited Case Law
AI generatedIV KK 735/19
Supreme Court allows recidivism application for drunk driving when prior sentence was imprisonment, not just prohibition. Verdict: partially_allowed.
III KK 290/14
Supreme Court dismisses appeal on drunk driving, ruling prior conviction qualifies for aggravated charge regardless of time limits.
Related Decisions
AI generatedII Ka 349/25
Court partially allowed appeal, increasing victim's compensation from 10,000 to 25,000 PLN for aggravated assault.
VI Ka 297/21
Court partially allowed appeal by correcting factual description and applying correct law to conditional dismissal.
II Ka 412/24
Court dismissed appeals by defense lawyers, upholding the first-instance judgment on guilt and sentencing.
VIII Ka 1092/24
Appeal dismissed; court upheld lower court's valuation of stolen oak based on expert opinion.
IV Ka 490/21
Appeal dismissed for defendant; court upheld lower court's finding of procedural error affecting verdict.