Court dismisses appeal against dismissal of investigation for unauthorized data access and perjury due to lack of sufficient evidence and missing legal warning.
Legislator summary
AI generatedThe court dismissed the appeal filed by W. G. against the prosecutor's decision to terminate the investigation into unauthorized data access and perjury. The appellant argued that witness E. P. lied and that witness A. P. was not properly warned of criminal liability when giving statements. The court rejected these claims, noting that the tax authority's proceedings were not yet final, preventing an assessment of E. P.'s statements, and confirming that A. P. was never formally interrogated as a witness.
Legislator headnote
AI generatedArt. 268a § 1 kk; Art. 233 § 1, 2 kk; Art. 322 kpk: The court may dismiss an investigation if there is insufficient evidence of the crime, and perjury liability requires the witness to have been formally warned of criminal consequences, which was not met if they were merely responding to administrative questions.