II Ka 804/25
AI generated
Appeal dismissed; court upheld first-instance conviction for dog bite causing over 7 days of disability.
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against the first-instance conviction for a dog bite resulting in over seven days of disability. The court found the defense's arguments regarding procedural errors and factual inaccuracies to be baseless and without merit. Consequently, the original judgment was upheld in full, and the defendant was ordered to pay court costs.
Legislator headnote
AI generatedArt. 438 pkt 2, 3 k.p.k.; Art. 636 § 1 k.p.k.; The court rejected the appeal when the defense fails to substantiate procedural violations or factual errors capable of influencing the judgment, thereby upholding the first-instance decision.
Keywords
AI generated
dog bite injury
disability duration
criminal appeal
procedural error
factual error
court costs
upholding judgment
Cited Legislation
AI generatedArt. 636 § 1 k.p.k.
Art. 7 ustawy z dnia 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. 170 § 1 pkt 4 k.p.k
art. 201 k.p.k
art. 5 § 2 k.p.k
Cited Case Law
AI generatedII KK 384/23
Supreme Court corrects a clerical error in a previous ruling by replacing 'M.' with 'M.1'.
III KK 409/22
Supreme Court dismisses appeal for threatening and damaging property, ruling factual findings are not reviewable in cassation.
III KK 70/24
Criminal appeal dismissed as obviously groundless due to procedural error misapplied to pre-trial stage.
III KK 400/22
Criminal appeal dismissed; Supreme Court rejects defense's claim of unresolved factual doubts regarding assault charges.
V KK 528/21
Supreme Court dismissed cassation against conviction for assault, citing clear lack of evidence and victim's testimony.
IV KK 461/17
Supreme Court dismissed criminal appeal as obviously groundless regarding attempted fraud charges and procedural errors.
Related Decisions
AI generatedIII Ca 864/18
Appellate court dismisses appeal against civil court award for dog bite damages and costs.
II K 302/16
Court convicted defendant of assault causing serious injury and sentenced to six months imprisonment.
IX Ka 201/14
Court dismissed appeal against conviction for negligent dog bite causing injury and upheld compensation award.
II AKa 301/24
Appeal court corrects clerical error, redefines animal cruelty facts, and adjusts drug trafficking sentence.