IV Ka 661/14
AI generated
Criminal appeal court corrects a sentencing date error while upholding the conviction and penalty for theft.
Poland (PL)
Legislator summary
AI generatedThe appellate court partially modified the first-instance judgment by correcting the date of the alleged theft from October 20 to September 20, 2013. The defendant argued he was elsewhere on the original date, but the court found his confession, witness testimony, and video surveillance evidence proved his presence at the scene. Consequently, the conviction and sentence were upheld as they correctly addressed the actual circumstances of the crime.
Legislator headnote
AI generatedArt. 119 § 1 k.w.; Art. 400 § 1 k.p.k.: The appellate court may correct factual errors in the date of the crime when evidence clearly demonstrates the true date, while maintaining the validity of the conviction and penalty if they remain appropriate to the corrected facts.
Keywords
AI generated
criminal appeal procedure
date of crime correction
theft conviction
free evaluation of evidence
reformatory judgment
confession and video evidence
costs of proceedings
Cited Legislation
AI generatedArt. 119 § 1 k.w.
Art. 400 § 1 k.p.k.
Art. 119 k.p.w.
Art. 624 § 1 k.p.k.
Art. 7 k.p.k.
art. 7 k.p.k
art. 119 k.p
art. 624 § 1 k.p.k