IX Ka 1016/13
AI generated
Appeal dismissed due to insufficient evidence; retrial ordered for police speed measurement location verification.
Poland (PL)
Legislator summary
AI generatedThe appellate court dismissed the appeal against the first-instance verdict and ordered a retrial. The defendant argued that the speed measurement occurred outside the built-up area, negating the traffic violation. The court found the existing evidence insufficient because police officers conducting the control had not been questioned, making the truth of the incident unverifiable.
Legislator headnote
AI generatedArt. 437 § 2 k.p.k.; Art. 109 § 2 k.p.w.: When the evidence collected in the first instance is too slender to allow a fair and reliable decision on the disputed facts, the appeal is successful, and the case must be remitted for a new trial with additional evidence.
Keywords
AI generated
insufficient evidence
retrial order
traffic violation
police testimony
speed measurement
appellate review
burden of proof
Cited Legislation
AI generatedArt. 437 § 2 k.p.k.
Art. 109 § 2 k.p.w.