Legislator Case Law & Legislation
IX Ka 1400/14 AI generated

Court dismisses criminal case against cyclist due to statute of limitations expiration after two years.

Case Number IX Ka 1400/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court dismissed the prosecution against A. K. for a traffic offense after finding the statute of limitations had expired. Although the lower court convicted the cyclist of failing to exercise special caution during a lane change, the defense successfully argued that over two years had passed since the November 2012 incident. The court ruled that criminal proceedings must be terminated when the limitation period for prosecution concludes, regardless of the evidence's sufficiency.

Legislator headnote

AI generated

Art. 45 § 1 kw; Art. 5 § 1 pkt 4 kpw: Criminal proceedings must be terminated when the statute of limitations for prosecution has expired, even if the underlying facts constitute a violation.

Keywords

AI generated
statute of limitations traffic offense criminal proceedings termination limitation period expiration prosecution dismissal

Cited Legislation

AI generated
Art. 45 § 1 kw
Art. 5 § 1 pkt 4 k.p.w.
Art. 437 § 2 k.p.k.
Art. 456 k.p.k.
Art. 109 § 2 k.p.w.
Art. 634 k.p.k.
Art. 119 k.p.w.
Art. 118 § 2 k.p.w.

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