II Ka 833/24
AI generated
Court partially allows appeal, increasing victim's compensation while exempting parties from appeal costs.
Poland (PL)
Legislator summary
AI generatedThe court partially allowed the appeal by increasing the compensation award to the victim's representative from the original amount to 2,500 PLN per act. While the defense argued for cost allocation based on the partial nature of the appeal, the court found the changes were not the defendant's fault. Consequently, the court exempted both the defendant and the victim's representative from appeal costs, ordering the State Treasury to bear them instead.
Legislator headnote
AI generatedArt. 46 § 2 k.k.; Art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.: When an appellate court modifies a first-instance judgment for reasons not attributable to the defendant, the defendant and the victim's representative may be exempted from appeal costs, with the State Treasury assuming the expense.
Keywords
AI generated
partial appeal allowance
victim compensation increase
exemption from appeal costs
State Treasury liability
non-attributable court changes
Cited Legislation
AI generatedArt. 46 § 2 k.k.
Art. 624 § 1 k.p.k.
Art. 634 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 Ka 189/21
Court acquits defendant on assault charge due to lack of evidence and procedural errors in first instance.
IV Ka 20/20
Appeal dismissed; court upheld first-instance verdict citing procedural errors and factual findings under Polish Criminal Procedure Code.
II Ka 230/20
Appeal dismissed; defense failed to prove procedural errors or factual mistakes under Polish Criminal Procedure Code.
II AKa 192/21
Appeal dismissed; court upheld first-instance sentence against defense's claim of material law error under Art. 438(1a) of Code of Criminal Procedure.
IV Ka 308/22
Appeal dismissed; appellate court upheld first-instance sentence and corrected clerical error.