V KK 232/20
KI-generiert
Criminal appeal dismissed as inadmissible because the accused was not acquitted and the specific charge was not raised.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the prosecutor's cassation appeal as inadmissible under the Criminal Procedure Code. The accused had not been acquitted, the proceedings were not terminated, and the specific charge under Article 439 § 1 was not raised in the appeal. Consequently, the court ruled that the appeal could not be examined on its merits.
Legislator-Regeste
KI-generiertArt. 531 § 1 k.p.k.; Art. 523 § 3, § 4 pkt 1 k.p.k. in a contrario sense: A cassation appeal filed by the prosecutor against a conviction is inadmissible if the accused was not acquitted, the proceedings were not terminated, and the specific charge under Article 439 § 1 of the Criminal Procedure Code was not raised.
Schlagwörter
KI-generiert
cassation appeal inadmissibility
prosecutor appeal dismissal
unraised charge requirement
acquittal necessity
procedural bar application
Zitierte Gesetzesbestimmungen
KI-generiertArt. 531 § 1 k.p.k.
Art. 523 § 3 k.p.k.
Art. 523 § 4 pkt 1 k.p.k.
Art. 439 § 1 k.p.k.
art. 531 § 1 k.p.k
art. 439 § 1 k.p.k