II Ka 317/23
AI generated
Appeal dismissed; defense failed to prove procedural error under Art. 438(2) K.P.K. affecting sentence.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against the first-instance judgment convicting him of theft. The defense argued for a procedural error under Article 438(2) of the Code of Criminal Procedure, claiming it could have influenced the verdict, but offered no evidence. The court found the appeal entirely unfounded and upheld the original conviction while ordering the defendant to pay court costs.
Legislator headnote
AI generatedArt. 438 ust. 2 k.p.k.; Art. 636 § 1 k.p.k.; An appeal based on a procedural error that did not affect the outcome is inadmissible, and the appellant bears the costs if the appeal is rejected.
Keywords
AI generated
procedural error
appeal dismissal
court costs
theft conviction
unfounded appeal
Cited Legislation
AI generatedArt. 438 ust. 2 k.p.k.
Art. 636 § 1 k.p.k.
Art. 8 ustawy o opłatach w sprawach karnych
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. 75 § 1 k.p.k
art. 138 k.p.k
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