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II Ka 426/23 AI generated

Court reduces sentence from restriction of freedom to six months imprisonment for theft under Polish Criminal Code.

Case Number II Ka 426/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court partially modified the first-instance judgment by eliminating the provision for restriction of freedom and substituting it with a six-month prison sentence. The defendant and prosecutor appealed the original ruling, arguing against the specific application of the restriction of freedom measure. The court decided to change the penalty because the statutory conditions for applying a restriction of freedom were not met in this specific case.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 37a § 1 k.k.; Art. 34 § 1 k.k.; Art. 35 § 1 k.k.; Art. 627 § 1 k.p.k.: When the specific conditions for applying a restriction of freedom are not satisfied, the court must impose a different type of penalty, such as imprisonment, rather than upholding the restriction.

Keywords

AI generated
restriction of freedom imprisonment sentence theft criminal code appellate court review penalty modification

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 37a § 1 k.k.
Art. 34 § 1 k.k.
Art. 35 § 1 k.k.
Art. 627 § 1 k.p.k.
Art. 634 k.p.k.
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 286 §1 k.k
art. 64 §1 k.k
art. 438 pkt 1 k.p.k

Cited Case Law

AI generated
II KK 94/21
Supreme Court dismisses criminal appeals as obviously unfounded due to lack of material law violations.
AI generated
II Ka 389/21
Criminal appeal court acquits defendant due to lack of objective evidence proving guilt for the charged crime.
II AKa 6/23
Appeal court reduced sentence from 10 to 8 years due to excessive severity and factual errors regarding intoxication.
IV Ka 480/22
Court partially allowed appeal to increase civil compensation for victim by 40,000 PLN while dismissing other claims.
II Ka 310/24
Appeal court quashed first-instance tax penalty verdict due to procedural errors and improper fine calculation.
II AKa 228/21
Court dismisses appeal against murder conviction, upholding first instance verdict on facts and law.

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