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II Ka 695/23 AI generated

Court partially allows appeal, changing conviction to one year and two months prison plus 200 daily fine for theft.

Case Number II Ka 695/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The District Court in Siedlce partially upheld the defendant's appeal against the first-instance judgment, modifying the sentence to one year and two months imprisonment with a 200 daily fine. The defendant argued for acquittal based on procedural errors and factual inaccuracies, while the prosecution maintained the conviction for theft under Article 279 of the Criminal Code. The court found the original sentencing excessive and the factual findings insufficient to support the harsher penalty, thus reducing the term while upholding the conviction.

Legislator headnote

AI generated

Art. 438 pkt 2, 3, 4 k.p.k.; Art. 636 § 1 k.p.k.; The court may modify a first-instance judgment on appeal if the original sentence is disproportionately severe or if factual findings were erroneous, provided the new decision remains within the bounds of the law.

Keywords

AI generated
Criminal Procedure Code Theft Conviction Disproportionate Sentence Partial Appeal Success Imprisonment Term Reduction Daily Fine Assessment Factual Findings Error

Cited Legislation

AI generated
Art. 279 § 1 kk
Art. 33 § 2 kk
Art. 46 § 1 kk
Art. 636 § 1 kpk
Art. 627 § 1 kpk
Ustawa 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
AI generated
II Ka 162/26
Court partially allowed appeal, upholding conviction while ordering defendant to pay appeal costs.
II Ka 191/23
Court dismisses appeal on procedural grounds, upholding conviction for drug trafficking and ordering defendant to pay costs.
VI Ka 267/23
Court dismissed appeal against drug trafficking conviction, upholding original sentence as legally correct and proportionate.
IV Ka 803/22
Court dismissed appeal on excessive sentence grounds, upholding harsh drug trafficking penalty for repeat offender.
II Ka 33/21
Appeal dismissed; court upheld first-instance conviction for assault under Art. 284 § 2 kk due to lack of legal errors.

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