II Ka 1/23
AI generated
Criminal appeal dismissed; lower court acquitted defendant, higher court remands for retrial under ne peuis rule.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the prosecutor's appeal and remanded the case to the District Court in Łuków for a retrial. The prosecutor argued for a conviction based on procedural errors, but the defendant had been acquitted in the first instance. The court applied the ne peuis rule, prohibiting a second conviction after an acquittal, and ordered the lower court to re-examine the facts without bias.
Legislator headnote
AI generatedArt. 454 § 1 k.p.k.; Art. 438 § 2 k.p.k.; The principle of ne peuis prohibits a court of appeal from convicting a defendant who was acquitted in the first instance, requiring remand for a new trial.
Keywords
AI generated
ne peuis rule
acquittal
criminal appeal
procedural error
remand for retrial
second conviction ban
court of appeal
Cited Legislation
AI generatedArt. 454 § 1 k.p.k.
Art. 438 § 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. 437 § 2 k.p.k
art. 454 § 1 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedVI Ka 457/21
Court upheld appeal against prosecutor, ordered defense lawyer costs, and shifted prosecutor costs to state.
II Ka 822/23
Criminal appeal dismissed; first-instance sentence upheld due to lack of procedural errors affecting the verdict.
VI Ka 316/23
Appeal court dismisses joint sentence and terminates proceedings due to procedural error requiring new trial.
II Ka 372/21
Appeal dismissed; first-instance conviction upheld due to lack of procedural or substantive errors.
II AKa 49/25
Appeal dismissed; court upheld first instance verdict on facts and sentencing despite expert opinion request denial.