Legislator Case Law & Legislation
VI Ka 845/15 AI generated

Court dismisses assault charge due to statute of limitations expiring before first-instance judgment. Defendant's appeal rejected on evidence grounds but case voided by time bar.

Case Number VI Ka 845/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court vacated the first-instance conviction for harassment and dismissed the proceedings due to the expiration of the statute of limitations. Although the defense argued the lower court erred in attributing SMS messages to the defendant without sufficient proof, the court found the evidence evaluation correct. The decision was ultimately based on the fact that the one-year limitation period for prosecuting the offense had expired before the trial concluded.

Legislator headnote

AI generated

Art. 5 § 1 pkt 4 k.p.w.; Art. 45 § 1 k.w.: The statute of limitations for prosecuting an offense expires if the period prescribed by law passes without the initiation of proceedings, thereby excluding criminal liability regardless of the merits of the case.

Keywords

AI generated
statute of limitations expiration of limitation period dismissal of proceedings harassment offense appellate review evidence evaluation criminal liability

Cited Legislation

AI generated
Art. 5 § 1 pkt 4 k.p.w.
Art. 45 § 1 k.w.
art. 109 § 2 k.p
art. 438 pkt 2 k.p.k
art. 7 k.p.k
art. 8 k.p
art. 5 § 2 k.p.k
art. 5 § 1 pkt 4 k.p

Cited Case Law

AI generated
XI K 687/13

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