III K 23/22
AI generated
Court dismissed defense request for expert valuation as facts rely on falsified documents, not current asset status.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the defense's request to conduct an expert valuation of the defendant's current production lines. The prosecution argued that the crime relied on falsifying documents regarding past asset values and fake contracts, not the defendant's present possession of machinery. The court held that the existence of machines in 2022 is irrelevant to the established facts of submitting false financial statements and invoices.
Legislator headnote
AI generatedArt. 170 § 1 pkt 2 k.p.k.; The court may reject an expert opinion request if the evidence sought concerns facts already established by the falsity of submitted documents, as the defendant's current asset status is irrelevant to the crime of fraudulently obtaining funds.
Keywords
AI generated
falsified financial statements
expert valuation request
fraudulent grant application
irrelevant current assets
criminal procedure law
false invoices
substantive evidence
Cited Legislation
AI generatedart. 170 § 1 pkt 2 k.p.k.
art. 286§1 k.k
art. 294§1 k.k
art. 297§1 k.k
art. 270§1 k.k
art. 11§2 k.k
art. 12§1 k.k
art. 13§1 k.k
Cited Case Law
AI generatedV KK 67/2003
III KK 362/06
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