IX Ka 709/15
AI generated
Court dismisses traffic offense prosecution due to expiration of the two-year statute of limitations period.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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