Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II Ka 485/24 AI generated

Court partially allows appeal, overturning acquittal for one defendant while upholding the other's acquittal.

Case Number II Ka 485/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal partially overturned the first-instance judgment, quashing the acquittal of defendant R. G. while maintaining the acquittal of defendant K. B. (1). The prosecution and defense of K. B. (1) appealed, citing procedural errors and factual mistakes under Articles 438(2) and 438(3) of the Code of Criminal Procedure. The court found that the first-instance court failed to properly address the defense's appeal regarding R. G., necessitating a remand for a new decision on that specific issue.

Legislator headnote

AI generated

Art. 438 ust. 2 k.p.k.; Art. 438 ust. 3 k.p.k.: When an appeal is lodged by the defense regarding a co-defendant's acquittal due to procedural errors or factual mistakes that could affect the judgment, the appellate court must examine the appeal and may quash the acquittal if the lower court failed to consider the defense's arguments.

Keywords

AI generated
Code of Criminal Procedure appeal against acquittal co-defendant acquittal procedural error factual mistake remand for retrial joint criminal proceeding

Cited Legislation

AI generated
Art. 438 ust. 2 k.p.k.
Art. 438 ust. 3 k.p.k.
Art. 627 k.p.k.
Art. 634 k.p.k.
Art. 636 § 1 k.p.k.
Art. 3 ust. 1 k.p.k.
Art. 7 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k

Cited Case Law

AI generated
IV KK 216/12
Supreme Court quashes acquittal due to insufficient factual findings on construction safety duties and procedural errors.
III KK 302/13
Supreme Court quashes dismissal of negligence charge due to missing factual findings on causal link between safety duties and death.
V KK 64/12
Supreme Court quashes acquittal for safety officer due to failure to assess causal link between negligence and death.
V KK 388/04
Private expert opinion submitted by a party is not evidence under Art. 193 k.p.k. but a party statement under Art. 453 § 2 k.p.k.
II KK 290/07
AI generated
IX Ka 325/20
Court dismissed appeal against traffic accident conviction, upholding first instance judgment on procedural grounds.
VI Ka 396/21
Court upheld drug trafficking sentence, rejecting excessive penalty claim due to lack of disproportionality evidence.
II Ka 706/22
Court reduces sentence from 12 to 6 months and removes recidivism aggravation due to procedural error.
IV Ka 670/23
Appeal dismissed; judge's prior disciplinary role did not violate impartiality standards under Polish Criminal Procedure Code.
II Ka 722/23
Court quashes criminal conviction for attempted theft and fraud due to legal qualification errors and factual mistakes.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text