Legislator Case Law & Legislation
IV Ka 61/15 AI generated

Court dismisses appeal and quashes first-instance verdict due to statute of limitations barring prosecution for the traffic offense.

Case Number IV Ka 61/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court quashed the first-instance verdict and dismissed the appeal proceedings because the statute of limitations for prosecuting the traffic offense had expired. Although the defendant argued factual errors and procedural delays, the court confirmed that the act occurred in January 2013, making the two-year limitation period expire in January 2015. Consequently, the prosecution was barred, necessitating the dismissal of the case rather than a simple acquittal.

Legislator headnote

AI generated

Art. 45 § 1 kw; Art. 5 § 1 pkt 4 kpw; Art. 104 § 1 pkt 7 kw: When the statute of limitations for prosecution expires during appeal proceedings, the appeal must be dismissed and the first-instance verdict quashed, provided there are no grounds for acquittal based on lack of act or fault.

Keywords

AI generated
statute of limitations prosecution expiration traffic offense quashing verdict dismissal of appeal criminal procedure limitation period

Cited Legislation

AI generated
Art. 45 § 1 kw
Art. 5 § 1 pkt 4 k.p.w.
Art. 104 § 1 pkt 7 kw
Art. 436 k.p.k.
Art. 109 § 2 k.p.w.

Cited Case Law

AI generated
postanowienie SN z 27 stycznia 2011 r., I KZP 27 / 10
postanowienie SN z dnia 2 lipca 2002 r., IV KKN 264 / 99

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