Legislator Case Law & Legislation
II K 296/19 AI generated

Criminal appeal dismissed due to lack of authorized prosecutor's complaint under Polish Criminal Procedure Code.

Case Number II K 296/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the criminal appeal because the authorized prosecutor failed to file a timely complaint against the judgment. The prosecutor argued for a review of the lower court's decision, but the procedural rules require their active participation to sustain the appeal. Consequently, the court ruled that without the prosecutor's intervention, the appeal lacked legal standing and was void.

Legislator headnote

AI generated

Art. 448 § 1 k.p.k.; Art. 449 § 1 k.p.k.: An appeal in criminal proceedings is inadmissible if the authorized prosecutor does not file a complaint within the prescribed time limit.

Keywords

AI generated
criminal appeal authorized prosecutor procedural defect inadmissible appeal Polish Criminal Procedure Code

Cited Legislation

AI generated
Art. 448 § 1 k.p.k.
Art. 449 § 1 k.p.k.

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wyrok umarzający - brak skargi uprawnionego oskarżyciela