Legislator Case Law & Legislation
IV KK 367/19 AI generated

Supreme Court dismisses cassation appeal against conviction for failure to find statutory aggravating circumstances.

Case Number IV KK 367/19
Court / Authority
Jurisdiction Poland (PL)
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal filed by the defense lawyer against the conviction of J.J. The court found no grounds to overturn the lower court's decision regarding the absence of aggravating circumstances under Article 439 of the Criminal Procedure Code. Consequently, the appeal was left without examination, and the costs of the cassation proceedings were assigned to the convicted person.

Legislator headnote

AI generated

Art. 439 k.p.k.; Art. 531 § 1, 3 k.p.k.: The Supreme Court may leave a cassation appeal without examination if the lower court's decision does not contain any circumstances listed in Article 439 of the Criminal Procedure Code, thereby rejecting the appeal without substantive review.

Keywords

AI generated
cassation appeal dismissal Criminal Procedure Code aggravating circumstances Supreme Court review procedural error absence

Cited Legislation

AI generated
Art. 439 k.p.k.
Art. 531 § 1 k.p.k.
Art. 531 § 3 k.p.k.
Art. 431 § 1 k.p.k.
Art. 431 § 2 k.p.k.
Art. 431 k.p.k.
art. 431 k.p.k
art. 439 k.p.k

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