Appeal allowed; prior penalty order became final after objection withdrawal, barring new proceedings.
Poland (PL)
Legislator summary
AI generatedThe appellate court overturned the lower court's default judgment because the defendant's withdrawal of objection to the prior penalty order had become effective before the main hearing. Although the defense argued the court violated procedural rules by issuing a judgment after receiving the withdrawal letter late, the court found the withdrawal validly completed on November 9, 2016. Consequently, the principle of res judicata attached to the first judgment, legally preventing any further prosecution for the same offense.
Legislator headnote
AI generatedArt. 5 § 1 pkt 8 k.p.s.w.; Art. 94 § 3 k.p.s.w.; The principle of res judicata attaches to a penalty order once the defendant's objection is withdrawn within the statutory period, thereby barring subsequent proceedings for the same offense.