IV Ka 604/24
AI generated
Appeal against conviction for attempted murder dismissed; costs awarded to state for unsuccessful defense appeal.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Poznań upheld the first-instance conviction of A. K. for attempted murder under Article 190 of the Criminal Code. The defense appealed citing procedural errors and factual inaccuracies, but the appellate court found no grounds to alter the judgment. Consequently, the court ruled that the appellant must bear the costs of the appeal proceedings.
Legislator headnote
AI generatedArt. 438 k.p.k.; Art. 636 § 1 k.p.k.: An appeal against a criminal conviction is rejected if the appellate court finds no errors in the first-instance judgment, and the appellant bears the costs if their appeal fails.
Keywords
AI generated
attempted murder conviction
criminal appeal procedure
rejection of appeal
court costs allocation
Article 190 Criminal Code
Cited Legislation
AI generatedArt. 190 § 1 kk
Art. 438 k.p.k.
Art. 636 § 1 k.p.k.
Art. 624 § 1 k.p.k.
Art. 8 Ustawy 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
art. 439 k.p.k
Related Decisions
AI generatedII AKa 357/20
Court changes crime date to 2006 due to procedural error under Art. 438(2) k.p.k. while upholding other verdict parts.
II AKa 154/23
Appeal dismissed; joint verdict upheld as no legal basis existed for joint sentencing under the relevant statute.
II AKa 273/22
Appeal court dismisses one count against defendant but upholds conviction and orders state to pay defense costs.
II AKa 233/20
Appeal against conviction for aiding the underground resistance partially allowed due to factual error regarding defendant's awareness of assistance.
VI Ka 152/24
Appeal against acquittal dismissed; accessory prosecutors' appeal rejected due to lack of procedural error affecting verdict.