Legislator Case Law & Legislation
II AKa 117/25 AI generated

Appeal court upheld conviction but ordered reduction of combined sentence by adding detention period.

Case Number II AKa 117/25
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appeal court upheld the first-instance conviction for assault but modified the sentence by adding the defendant's detention time to the combined penalty. The defendant argued that the victim's credibility was doubtful and that the assault charge was factually incorrect, yet the court found no sufficient grounds to overturn the factual findings. Consequently, the court rejected the appeal's request to change the conviction but granted the request to adjust the total sentence duration.

Legislator headnote

AI generated

art. 438 pkt. 3 k.p.k.; art. 624 § 1 k.p.k. w zw. z art. 634 k.p.k.: The appellate court may uphold a conviction based on established facts while modifying the sentence by incorporating pre-trial detention into the combined penalty when the original sentence does not fully reflect the total deprivation of liberty.

Keywords

AI generated
combined penalty pre-trial detention factual error appeal victim credibility sentencing reduction

Cited Legislation

AI generated
art. 438 pkt. 3 k.p.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. 207 § 1 k.k
art. 64 § 1 k.k

Cited Case Law

AI generated
AI generated

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