Legislator Case Law & Legislation
II Ka 347/24 AI generated

Appeal dismissed; lower court's joint sentence upheld; defendant bears no costs as state pays.

Case Number II Ka 347/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defense's appeal against the district court's joint sentence, ruling that the original judgment must stand. The defendant argued for a change based on Article 438(1a) of the Criminal Procedure Code, but the appellate court found no grounds to overturn the conviction or penalty. Consequently, the court upheld the first-instance decision and exempted the defendant from litigation costs, assigning them to the State Treasury.

Legislator headnote

AI generated

Art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.; Art. 438 § 1 k.p.k.; where an appeal is filed on behalf of the accused without merit, the appeal is rejected and the first-instance judgment is upheld, with costs borne by the state.

Keywords

AI generated
joint sentence appeal dismissal criminal procedure code litigation costs state treasury defense appeal upholding judgment

Cited Legislation

AI generated
art. 624 § 1 k.p.k.
art. 634 k.p.k.
art. 438 § 1 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
art. 454 § 1 k.p.k
AI generated

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