II AKa 419/23
AI generated
Appeal court quashes first-instance judgment due to unqualified judge participation under Art. 439 § 1 pkt 1 k.p.k.
Poland (PL)
Legislator summary
AI generatedThe appeal court quashed the first-instance judgment because it was rendered by a judge who had accepted an illegal and undeserved nomination. The defendant argued for compensation for wrongful detention, but the core issue was the procedural defect involving Judge Rafał Korkus. The court ruled that any judgment issued by an unqualified judge must be void regardless of the appeal's scope or specific grounds raised.
Legislator headnote
AI generatedArt. 439 § 1 pkt 1 k.p.k.; A judgment rendered by a person unqualified to adjudicate is void ab initio, necessitating a retrial by a properly constituted court.
Keywords
AI generated
unqualified judge
procedural defect
void judgment
mandatory retrial
art 439 k.p.k.
Cited Legislation
AI generatedArt. 439 § 1 pkt 1 k.p.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
art. 439 k.p.k
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
Related Decisions
AI generatedII AKa 579/21
Appeal dismissed; court upheld conviction for attempted murder and rejected defense arguments on legal qualification and sentencing.
II Ka 808/21
Appeal against criminal conviction dismissed; court upholds original judgment on facts and sentencing.
IV Ka 243/25
Appeal dismissed; court rejected defense claims regarding judge impartiality and procedural errors under Polish Criminal Procedure Code.
VI Ka 566/20
Appeal against conviction for theft dismissed; defense costs awarded to private counsel; defendant exempted from appeal fees due to prison history.
II Ka 149/24
Court dismissed appeals against a criminal sentence, upholding the first-instance judgment on facts and law.