II Ka 510/24 AI generated

Court dismissed appeal against conviction for aggravated theft, upholding first-instance judgment on legal and factual grounds.

Case Number II Ka 510/24

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2024-09-10

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for aggravated theft under Article 190a of the Criminal Code. The defendant argued that the legal qualification of the act was incorrect and that the court made errors in establishing the facts. The court rejected these claims, finding no error in the material law application or the factual findings that supported the conviction.

Legislator headnote

AI generated

Art. 438 k.p.k.; Art. 636 § 1 k.p.k.: An appeal based on alleged errors in legal qualification or factual findings is dismissed if the appellate court finds no such errors affecting the judgment's outcome.

Keywords

AI generated

aggravated theft criminal appeal legal qualification error factual findings error dismissal of appeal Criminal Procedure Code upholding first instance

Cited Legislation

AI generated

art. 636 § 1 k.p.k.

art. 8 ustawy z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych

art. 3 ust. 1 ustawy z dnia 23 czerwca 1973 r. 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.4 §1 k.k

art. 241 §1 k.k

Cited Case Law

AI generated

Supreme Court dismisses cassation as obviously unfounded for inadequate appellate review and excessive sentencing.

Supreme Court dismissed criminal appeal as obviously groundless due to improper legal characterization of procedural errors.

Supreme Court dismissed appeal on fraud, ruling misleading documents caused property loss without requiring monetary damage.

AI generated

Appeal court quashes first-instance judgment and dismisses prosecution due to negligible social harm of the alleged act.

Court dismisses appeal on facts, upholding conviction for non-support despite employer's poor payment history.

Court increases fine for animal cruelty and orders forfeiture of horses due to factual error.

Court dismissed public prosecutor's appeal against first-instance criminal judgment regarding procedural errors.

Appeal dismissed; court upheld first-instance conviction for theft and fraud under Polish Criminal Code.

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