Legislator Case Law & Legislation
IV Ka 1030/13 AI generated

Court dismisses appeal against conviction for misleading police to cause unnecessary search actions under Art. 66 k.w.

Case Number IV Ka 1030/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court dismissed the defendant's appeal regarding the factual basis of the conviction but allowed a change in the legal qualification of the offense. The defendant argued she did not know her mother's location and that the police should have been notified by her grandmother instead. The court found the defendant intentionally misled the officer to trigger a widespread search for an elderly, vulnerable woman, which would not have occurred otherwise. Consequently, the conviction for causing unnecessary actions was upheld, but the specific legal provision cited was corrected to the current paragraph of Article 66 of the Penal Code.

Legislator headnote

AI generated

§ 1 art. 66 k.w.; The court established that intentionally misleading a law enforcement officer to cause unnecessary search actions constitutes a misdemeanor under Article 66 of the Penal Code, regardless of whether the officer was the sole notifier of the missing person.

Keywords

AI generated
misleading law enforcement unnecessary search actions misdemeanor qualification appeal dismissal police investigation scope

Cited Legislation

AI generated
§ 1 art. 66 k.w.
art. 4 k.p.k.
art. 7 k.p.k.
art. 118 § 1 k.p.w.
§ 3 rozporządzenia Ministra Sprawiedliwości z dnia 10 października 2001r.
art. 4 k.p.k
art. 7 k.p.k

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