Appeal dismissed; defendant's financial hardship excuses state payment of defense costs despite procedural errors.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defense attorney's appeal regarding the conviction and upheld the first-instance judgment. Although the defense raised procedural errors and factual disputes under Article 438 of the Criminal Procedure Code, the court found the appeal entirely unfounded. Consequently, the defendant was ordered to bear all court costs, but the court waived this obligation due to the defendant's difficult financial situation, ordering the State Treasury to cover the expenses instead.
Legislator headnote
AI generatedArt. 438 k.p.k.; Art. 624 § 1 k.p.k. in conjunction with Art. 634 k.p.k.; Art. 29 ust. 1 Prawo o adwokaturze; Art. 636 § 1 k.p.k.; The court may order the accused to bear court costs even if the appeal is unfounded, but may exempt them from payment if their financial situation is difficult, in which case the State Treasury assumes the costs.