Legislator Case Law & Legislation
IX Ka 709/15 AI generated

Court dismisses traffic offense prosecution due to expiration of the two-year statute of limitations period.

Case Number IX Ka 709/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The District Court in Kielce overturned a first-instance conviction for a traffic offense and ordered the proceedings to be discontinued. The defendant argued that the prosecution was barred by the expiration of the limitation period, which had ended on April 16, 2015. The appellate court agreed, ruling that the two-year limitation period for prosecuting this misdemeanor had lapsed, thereby legally excluding any further investigation or judgment.

Legislator headnote

AI generated

Art. 45 § 1 kw; Art. 5 § 1 pkt 4 kpw: The expiration of the limitation period for prosecution constitutes a procedural bar that mandates the discontinuance of criminal proceedings.

Keywords

AI generated
statute of limitations traffic offense procedural bar discontinuance of proceedings misdemeanor prosecution

Cited Legislation

AI generated
Art. 45 § 1 kw
Art. 5 § 1 pkt 4 kpw
Art. 104 § 1 pkt 7 kpw
Art. 109 § 2 kpw
Art. 456 kpk
Art. 437 § 2 kpk
Art. 118 § 2 kpw

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