VI Ka 680/25
AI generated
Court dismisses appeal on excessive fine grounds, upholding original sentence and awarding legal costs.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's appeal regarding the excessive fine imposed on the defendant. The defendant argued that the supplementary fine for the victim's legal representation was disproportionately high compared to the crime's severity. The court rejected this claim, finding no evidence of a grossly disproportionate penalty under the relevant criminal procedure code.
Legislator headnote
AI generatedArt. 438 pkt 4 k.p.k.; Art. 207 § 1 kk; The court held that a supplementary fine for legal representation is not considered grossly disproportionate if it reflects the actual costs incurred and the specific circumstances of the case, thereby upholding the first-instance judgment.
Keywords
AI generated
excessive fine appeal
supplementary fine
legal representation costs
proportionality test
criminal procedure code
disproportionate penalty
court of appeal
Cited Legislation
AI generatedArt. 438 pkt 4 k.p.k.
Art. 207 § 1 kk
Art. 190a § 1 kk
Art. 190 § 1 kk
Art. 216 § 1 kk
Art. 217 § 1 kk
Art. 11 § 2 kk
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedII Cz 163/14
Appellate court reduced alimony security from 400 to 200 PLN monthly due to excessive first-instance award.
I Ca 390/14
Court dismissed appeal to terminate alimony, ruling material circumstances of the obligor and obligee have not changed significantly.
X Cz 245/13
Appeal dismissed; temporary family support security upheld as facts were proven without need for full interest demonstration.
III RC 202/17
Court partially allows aliment reduction claim based on father's job change and child's needs while dismissing excess request.
III RC 159/20
Court partially allowed aliment increase due to new school travel costs but rejected higher claim citing parental contributions.