VI Ka 795/25
AI generated
Criminal appeal court partially allowed appeal by changing conviction period from 2023 to 2024.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Jelenia Góra partially allowed the defendant's appeal against a first-instance judgment. The court found the original conviction period of March 2023 to March 2024 incorrect based on the evidence presented. Consequently, the court modified the conviction to cover the period from March 25, 2023, to March 17, 2024, while upholding the remainder of the sentence.
Legislator headnote
AI generatedArt. 438 § 1 k.p.k.; Art. 624 § 1, 2 k.p.k.: The appellate court may modify a first-instance judgment if it finds errors in the established facts regarding the timing of the criminal act, provided the change does not violate the principle of legal certainty.
Keywords
AI generated
criminal appeal procedure
modification of conviction
establishment of facts
time of criminal act
partial appeal success
court of appeal
sentencing period
Cited Legislation
AI generatedArt. 438 § 1 k.p.k.
Art. 624 § 1 k.p.k.
Art. 624 § 2 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. 101 § 2 k.k
art. 437 § 2 k.p.k
Related Decisions
AI generatedII Ka 292/25
Appeal dismissed; court upheld first-instance conviction and ordered defendant to pay procedural costs.
II Ka 322/22
Court dismissed prosecutor's appeal against acquittal, ruling procedural error did not affect the verdict's outcome.
II Ka 230/20
Appeal dismissed; defense failed to prove procedural errors or factual mistakes under Polish Criminal Procedure Code.
IV Ka 1005/22
Appeal dismissed; court upheld original sentence for four defendants on theft charges due to lack of procedural errors.
IV Ka 424/24
Appeal dismissed; court upheld first instance conviction for minor theft citing proper evidence evaluation.