IX Ka 1400/14
AI generated
Court dismisses criminal case against cyclist due to statute of limitations expiration after two years.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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.