Legislator Case Law & Legislation
II Kp 641/17 AI generated

Appeal dismissed; plaintiffs are not 'the Nation' under Art. 133 CC and lack standing to appeal dismissal.

Case Number II Kp 641/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court dismissed the appeals filed by A. S. and K. J. against the prosecutor's decision to drop the investigation for public incitement to hatred. The plaintiffs argued that their status as Polish citizens entitled them to claim victim status, but the court rejected this, stating that 'the Nation' is a collective entity comprising hundreds of millions of people with diverse views, not a specific group of individuals. Consequently, the court held that the plaintiffs lacked the legal standing to challenge the dismissal of the case initiated against a third party.

Legislator headnote

AI generated

Art. 133 k.k.; Art. 256 § 1 k.k.; Art. 325a § 2 k.p.k.; Art. 306 § 1a pkt 1 k.p.k.: The term 'Nation' in criminal law refers to the entire population of Polish nationality and citizenship, not a specific subgroup; individuals cannot claim victim status or standing to appeal a dismissal of proceedings initiated against a third party merely by identifying with the Nation.

Keywords

AI generated
public incitement to hatred standing to appeal victim status definition of Nation dismissal of proceedings criminal law interpretation procedural standing

Cited Legislation

AI generated
Art. 133 k.k.
Art. 256 § 1 k.k.
Art. 325a § 2 k.p.k.
Art. 306 § 1a pkt 1 k.p.k.
Art. 17 § 1 pkt 2 k.p.k.
art. 437 § 1 k.p.k
art 49 § 1 k.p.k
art. 133 k.k
art. 256 § 1 k.k

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