Legislator Case Law & Legislation
VI Ka 335/24 AI generated

Criminal appeal dismissed; defense lawyer's appeal against procedural error and factual findings rejected by appellate court.

Case Number VI Ka 335/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court dismissed the defense lawyer's appeal against the first-instance judgment convicting the defendant of theft. The defense argued that the lower court erred in procedure and fact-finding, but the appellate court found no such errors affecting the verdict. Consequently, the conviction was upheld, and the court awarded costs to the defense lawyer for the appeal.

Legislator headnote

AI generated

Art. 438 pkt. 2 k.p.k.; Art. 438 pkt. 3 k.p.k.: An appeal alleging procedural errors or factual mistakes must demonstrate that such errors could have influenced the content of the judgment; otherwise, the appeal is rejected.

Keywords

AI generated
criminal appeal procedure procedural error claim factual finding error defense lawyer costs theft conviction upheld

Cited Legislation

AI generated
Art. 29 of the Act on the Bar
Art. 624 § 1 of the Code of Criminal Procedure
Art. 634 of the Code of Criminal Procedure
Art. 279 § 1 of the Criminal Code
Art. 64 § 1 of the Criminal Code
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
AI generated

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