IV KK 367/19
AI generated
Supreme Court dismisses cassation appeal against conviction for failure to find statutory aggravating circumstances.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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