II Ka 859/25 AI generated

Appeal against conviction for attempted rape dismissed; defendant ordered to pay court costs.

Case Number II Ka 859/25

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2026-02-13

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance conviction for attempted rape under Article 178a of the Criminal Code. The defense argued procedural errors and factual mistakes, but the court found no grounds to overturn the original judgment. Consequently, the appeal was rejected, and the defendant was ordered to pay 200 PLN in court costs.

Legislator headnote

AI generated

Art. 438 pkt 2, 3 k.p.k.; Art. 636 § 1 k.p.k.: An appeal is inadmissible if the first-instance judgment is substantively correct and no procedural or factual errors affected the outcome; the appellant bears the costs of the appeal proceedings.

Keywords

AI generated

attempted rape conviction criminal appeal procedure dismissal of appeal court costs allocation factual findings review procedural error standard Criminal Code Art 178a

Cited Legislation

AI generated

Art. 438 pkt 2 k.p.k.

Art. 438 pkt 3 k.p.k.

Art. 636 § 1 k.p.k.

Art. 3 ust. 1 pkt 3 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. 167 k.p.k

Cited Case Law

AI generated

Supreme Court dismisses appeal for threatening and damaging property, ruling factual findings are not reviewable in cassation.

Criminal appeal dismissed as obviously groundless due to procedural error misapplied to pre-trial stage.

Criminal appeal dismissed; Supreme Court rejects defense's claim of unresolved factual doubts regarding assault charges.

Supreme Court dismissed cassation against conviction for assault, citing clear lack of evidence and victim's testimony.

Supreme Court dismissed criminal appeal as obviously groundless regarding attempted fraud charges and procedural errors.

Supreme Court dismisses appeal for fraud as facts clearly show defendant intended to defraud victim.

AI generated

Court partially allowed appeal by changing prison sentence to daily fines due to removal of custodial penalty basis.

Court partially allowed appeal, acquitting defendants of one charge and reducing sentences for joint crime.

Appeal against civil compensation for wrongful detention dismissed; court reduced amount to 80,000 PLN.

Criminal appeal court reduced civil compensation liability for the defendant due to financial hardship.

Appeal dismissed; court upheld first-instance sentence for attempted murder and theft against defendant J.G.

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