Legislator Case Law & Legislation
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.

Case Number IV Ka 1090/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 45 § 1 kw
Art. 5 § 1 pkt 4 kpw
Art. 436 kpk
Art. 109 § 2 kpw
Art. 118 § 2 kpow

Cited Case Law

AI generated
wyrok SN z dnia 8.09.2005 roku, V KK 235/2005, OSNSK 2005, poz. 1628
V KK 235/2005

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