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II AKa 305/24 AI generated

Court modifies sentence to include rape facts and imposes 10-year ban on working with minors.

Case Number II AKa 305/24
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 modified the lower court's judgment regarding the defendant S.K., who was convicted of sexual offenses against minors. The court found that the prosecution's request to add the specific fact of rape to the charge descriptions was substantiated by the evidence. Consequently, the conviction was upheld but the sentencing description was altered to reflect the full nature of the acts, resulting in a 4-year and 6-month prison term and a ten-year prohibition on working with minors.

Legislator headnote

AI generated

Art. 197 § 3 pkt 2 i 3 k.k.; Art. 12 § 1 k.k.; Art. 91 § 1 k.k.; Art. 4 § 1 k.k.; Art. 41 § 1a zd. 2 k.k.; Art. 43 § 1 k.k.: The court may modify a judgment to include additional factual descriptions of criminal acts if supported by evidence, and must impose a lifetime ban on working with minors for crimes committed against them.

Keywords

AI generated
rape conviction modification minor protection ban sexual offenses sentencing criminal law interpretation prosecution evidence standard

Cited Legislation

AI generated
Art. 197 § 3 pkt 2 i 3 k.k.
Art. 12 § 1 k.k.
Art. 91 § 1 k.k.
Art. 4 § 1 k.k.
Art. 41 § 1a zd. 2 k.k.
Art. 43 § 1 k.k.
art. 12 § 1 k.k
art. 197 § 2 k.k
art. 4 §1 k.k
art. 12 k.k
AI generated
II Ka 490/25
Appeal dismissed; sentence upheld; defendant exempted from appeal costs due to financial situation and prison term.
II AKa 220/20
Appeal court dismisses defense appeal on criminal conviction but awards legal aid costs to defense lawyers.
II AKa 26/21
Appeal dismissed; subsidiary prosecutor's appeal against acquittal rejected due to procedural errors and factual findings.
VI Ka 611/24
Court modifies sentence for theft of catalytic converters, dismissing prosecution for minor offenses due to expiration of prosecution period.
II AKa 161/22
Appeal court acquits defendants of assault charges but increases their combined prison sentence to five years.

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