II K 334/20
AI generated
Appellate court upheld sentence for embezzlement, ordering partial costs against defendant while waiving state court fees.
Poland (PL)
Legislator summary
AI generatedThe appellate court upheld the first-instance judgment convicting the defendant of embezzlement and imposed a suspended prison sentence. While the court confirmed the conviction and the obligation to pay the victim's legal fees, it ruled that the defendant was exempt from paying the state's court costs for the appeal. The court reasoned that the defendant's young age and potential for employment justified waiving the state costs, even though she remained liable for the victim's expenses.
Legislator headnote
AI generatedArt. 4 § 1 k.k.; Art. 627 k.p.k.: When a new law is more lenient, the old law applies; in appeals, the court may exempt a defendant from state court costs if their financial situation warrants it, while maintaining liability for the victim's legal fees.
Keywords
AI generated
embezzlement conviction
suspended sentence
appellate review
legal costs allocation
lenient law application
state court fees waiver
victim's legal fees
Cited Legislation
AI generatedArt. 4 § 1 k.k.
Art. 627 k.p.k.
Art. 69 § 1 i 2 kk
Art. 70 § 1 pkt. 1 kk
Art. 33 § 1, 2 i 3 kk
Art. 46 § 1 kk
Ustawa z dnia 23.06.1973r. o opłatach w sprawach karnych
art. 387 k.p.k
art. 61 § 1 k.k
art. 284 § 2 k.k
Cited Case Law
AI generatedRelated Decisions
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Appeal court quashed civil damage repair order due to insufficient evidence of outstanding loss and pending civil proceedings.
II K 666/20
Court convicts accountant of embezzlement, imposes daily fine, orders restitution and awards court costs.
II Ka 256/14
Court dismissed appeal against conviction for embezzlement, upholding lower court's finding of guilt and costs.
II AKa 103/12
Appeal court reduced prison sentences for accounting fraud defendants due to excessive severity and lack of proportionality to guilt.
II K 608/22
Court imposes 10-month prison sentence and full restitution for recidivist shoplifting with aggravating circumstances.