IV Ka 1090/14
AI generated
Court dismisses appeal and quashes verdict due to statute of limitations expiring before appeal hearing. Defendant charged with traffic offense; prosecution barred after two years. Court orders case termination.
Legislator summary
AI generatedThe appellate court quashed the lower court's guilty verdict and ordered the proceedings to be terminated. The defendant was convicted of a traffic violation resulting in a minor injury, but the defense argued procedural errors and evidence evaluation issues. The court ruled that the statute of limitations for prosecuting the offense had expired two years after the incident, rendering the case inadmissible.
Legislator headnote
AI generatedArt. 45 § 1 kw; Art. 5 § 1 pkt 4 kpw: The statute of limitations for prosecuting an offense expires after two years if proceedings were initiated within the first year; upon expiration, proceedings must be terminated.
Keywords
AI generated
statute of limitations
traffic offense
proceedings termination
criminal procedure
limitation period
Cited Legislation
AI generatedArt. 45 § 1 kw
Art. 5 § 1 pkt 4 kpw
Art. 436 kpk
Art. 109 § 2 kpw
Art. 118 § 2 kpow
Cited Case Law
AI generatedwyrok SN z dnia 8.09.2005 roku, V KK 235/2005, OSNSK 2005, poz. 1628
V KK 235/2005