IV Ka 963/23
AI generated
Appeal dismissed; court upheld first-instance conviction for rape, rejecting evidence re-evaluation and statute of limitations claims.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the appeal filed by the defendant and private prosecutor against the first-instance conviction for rape. The court found the lower court's evidence assessment lawful and non-arbitrary, rejecting arguments regarding the statute of limitations and procedural errors. Consequently, the original judgment of guilt and sentence was upheld in full force.
Legislator headnote
AI generatedArt. 438 k.p.k.; Art. 439 k.p.k.; Art. 454 k.p.k.; Art. 101 § 2 k.k.; Art. 102 k.k. – An appellate court may uphold a first-instance judgment if the lower court's evaluation of evidence does not exceed the bounds of free assessment and if statutory bars like the statute of limitations are absent.
Keywords
AI generated
rape conviction
statute of limitations
free assessment of evidence
appeal dismissal
procedural error
Cited Legislation
AI generatedArt. 438 k.p.k.
Art. 439 k.p.k.
Art. 454 k.p.k.
Art. 101 § 2 k.k.
Art. 102 k.k.
art. 152 § 2 k.k
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
Related Decisions
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