Legislator Case Law & Legislation
VII Kp 203/15 AI generated

Court dismisses appeal against dismissal of investigation for unauthorized data access and perjury due to lack of sufficient evidence and missing legal warning.

Case Number VII Kp 203/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
unauthorized data access perjury liability dismissal of investigation criminal warning requirement administrative proceedings insufficient evidence tax authority statements

Cited Legislation

AI generated
Art. 268a § 1 kk
Art. 233 § 1 kk
Art. 233 § 2 kk
Art. 322 kpk

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