Legislator Case Law & Legislation
II Kp 93/16 AI generated

Court allows appeal against police refusal to start investigation into document forgery affecting a farmers' association. The court ruled the association is a proper party to the proceedings. The court held that the association's rights were potentially violated by the alleged crime.

Case Number II Kp 93/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court granted the appeal against the police officer's order refusing to accept the appeal against the initial refusal to initiate an investigation. The farmers' association argued that the alleged forgery of a land ownership declaration infringed upon their property rights and necessitated a criminal investigation under specific articles of the Penal Code. The court agreed, determining that the association qualifies as a protected entity under the relevant procedural articles and that the investigation should proceed to address the potential violation of their rights.

Legislator headnote

AI generated

Art. 437 § 1 k.p.k.; Art. 305 § 4 k.p.k.; Art. 306 § 1 pkt 3 k.p.k.: An institution that filed a report of a crime is a proper party to appeal against a decision to refuse initiating an investigation if the crime potentially violated its rights.

Keywords

AI generated
criminal investigation initiation farmers' association rights document forgery procedural standing appeal against refusal

Cited Legislation

AI generated
Art. 437 § 1 k.p.k.
Art. 305 § 4 k.p.k.
Art. 306 § 1 pkt 3 k.p.k.
art. 270 § 1 k.k

Cited Case Law

AI generated
II KK 13/11

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