II Ka 75/26
AI generated
Criminal appeal court reduced daily fine amounts due to excessive penalty under Art. 438 para. 4 of the Code of Criminal Procedure.
Poland (PL)
Legislator summary
AI generatedThe District Court in Siedlce partially upheld the defendant's appeal against a first-instance judgment imposing criminal fines. The defense argued that the daily fine rates were excessively high and disproportionate to the offense committed. Consequently, the appellate court reduced the daily fine and total fine to 110 zloty per day, while maintaining the remainder of the original sentence.
Legislator headnote
AI generatedArt. 438 para. 4 k.p.k.; Art. 624 para. 1 k.p.k.; The court may reduce a criminal fine if the imposed amount is disproportionately high compared to the severity of the offense and the defendant's circumstances.
Keywords
AI generated
criminal appeal procedure
disproportionate criminal fine
excessive penalty reduction
Art. 438 para. 4 k.p.k.
Art. 624 para. 1 k.p.k.
Cited Legislation
AI generatedArt. 438 para. 4 of the Code of Criminal Procedure
Art. 624 para. 1 of the Code of Criminal Procedure
Art. 633 of the Code of Criminal Procedure
Art. 634 of the Code of Criminal Procedure
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. 23 k.k
Related Decisions
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Appeal court reduced sentence from 10 to 8 years due to excessive severity and factual errors regarding intoxication.
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Criminal appeal dismissed; court upheld first-instance conviction for attempted theft due to lack of procedural errors.
VI Ka 463/19
Appeal dismissed; court upheld conviction and sentence for attempted murder as legal and factual grounds were sound.
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Appeal court reduced vehicle ban duration to one year due to procedural error affecting sentence proportionality.