IV Ka 360/24
AI generated
Appeal dismissed; court upheld conviction and sentence despite defendant's claims of procedural errors and judge bias.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against the first-instance conviction and sentence. The defendant argued for a change in the judgment citing violations of procedural law, factual errors, and alleged bias by the presiding judge. The court rejected these claims, finding no objective grounds for excluding the judge and confirming the evidence regarding the defendant's personal situation and financial obligations.
Legislator headnote
AI generatedArt. 438 pkt 1, 2, 3 k.p.k.; The court's assessment of procedural violations and factual errors is binding unless objectively flawed, and a judge's participation does not constitute bias absent objective grounds for exclusion.
Keywords
AI generated
criminal appeal procedure
judicial bias assessment
procedural law violation
factual error review
sentence proportionality
cost exemption
fundamental rights
Cited Legislation
AI generatedart. 624 § 1 k.p.k.
art. 17 ust. 1 i 2 ustawy z 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
art. 64 § 1 k.k
art. 7 k.p.k
art. 167 k.p.k
Cited Case Law
AI generatedIII KK 93/13
Supreme Court quashes appeal verdict for insufficient reasoning violating free evidence assessment and in dubio pro reo principles.
II KK 72/22
Supreme Court dismisses cassation for procedural violations as appellate court merely approved first-instance findings.
V KK 17/23
Supreme Court quashes criminal verdict due to judge's lack of impartiality from political activities.
Related Decisions
AI generatedII K 117/15
Court convicted father of child neglect for non-payment of alimony, imposing six months prison with probation.
XIII Ca 497/14
Appeal dismissed; regional court upheld alimony order against husband for four children based on established facts.
II K 520/15
Court convicts father for willful neglect of child support duty under Polish Criminal Code Article 209.
II K 201/20
Court convicts defendant for alimentary arrears under Art. 209 § 1 KK and awards defense fees.
II K 77/19
Court convicted father of non-support crime and sentenced to community service instead of prison.