II Ka 630/23
AI generated
Appeal dismissed; lower court's conviction for attempted murder upheld; defendant exempted from appeal costs.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense's appeal against the first-instance conviction for attempted murder under Article 190 of the Criminal Code. The defense argued procedural errors and factual mistakes, but the appellate court found no grounds to overturn the original judgment. Consequently, the conviction was upheld, and the defendant was exempted from paying appeal costs, which were instead borne by the State.
Legislator headnote
AI generatedArt. 438 § 2, 3 k.p.k.; Art. 624 § 1 k.p.k.; The appeal is dismissed when the appellate court finds no procedural errors or factual mistakes that could have influenced the first-instance judgment, resulting in the upholding of the conviction and exemption of the defendant from appeal costs.
Keywords
AI generated
attempted murder conviction
criminal appeal procedure
factual error standard
procedural error review
state bearing costs
defense appeal dismissal
Criminal Code Art 190
Cited Legislation
AI generatedArt. 190 § 1 k.k.
Art. 438 § 2 k.p.k.
Art. 438 § 3 k.p.k.
Art. 624 § 1 k.p.k.
§ 17 ust. 2 pkt 3 rozporządzenia Ministra Sprawiedliwości z dnia 14 maja 2024 r.
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
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