Legislator Case Law & Legislation
IV Ka 5/14 AI generated

Court vacates first-instance verdict due to statute of limitations expiration, dismissing appeal on facts.

Case Number IV Ka 5/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court vacated the first-instance verdict finding the defendants guilty of theft and ordered the prosecution to discontinue the proceedings. Although the defendants argued that the trial violated evidence evaluation rules and contained factual errors, the court found the first-instance findings of guilt to be well-founded based on the evidence. Consequently, the court dismissed the appeal on the merits but terminated the case because the statute of limitations for prosecution had expired.

Legislator headnote

AI generated

Art. 45 § 1 k.w.; Art. 5 § 1 pkt 4 k.p.w.: If the statute of limitations for prosecution expires after the first-instance judgment, the appeal on facts is dismissed, but the proceedings must be discontinued.

Keywords

AI generated
statute of limitations discontinuation of proceedings theft of railway track appellate review evidence evaluation public prosecution vacatur of verdict

Cited Legislation

AI generated
Art. 45 § 1 k.w.
Art. 5 § 1 pkt 4 k.p.w.
Art. 118 § 2 k.p.w.
art. 5 § 1 pkt 4 k.p
art. 118 § 2 k.p

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