Legislator Case Law & Legislation
II K 550/22 AI generated

Court dismisses charges against two defendants for fraud due to expiration of the statute of limitations. The court ruled that the new anti-pandemic law did not apply retroactively to this case. The prosecution's case was dropped because the limitation period had already passed before the new law entered into force.

Case Number II K 550/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed criminal charges against two defendants for fraud and identity theft involving a bank loan of 46,000 PLN. The prosecution alleged that the defendants conspired to use a stolen identity document to obtain a loan, causing significant financial loss to the bank. The court determined that the statute of limitations for prosecuting these crimes had expired in May 2021, prior to the entry into force of a new law intended to extend limitation periods during the pandemic. Consequently, the court ordered the termination of the proceedings based on the expiration of the limitation period.

Legislator headnote

AI generated

Art. 15zzr 1 ust. 1 k.k.; Art. 7 ust. 1 k.k.: The temporary suspension of the statute of limitations introduced by the anti-pandemic law does not apply retroactively to acts committed before its entry into force if the limitation period had already expired at that time.

Keywords

AI generated
statute of limitations criminal proceedings pandemic law retroactive application fraud charges proceedings termination identity theft

Cited Legislation

AI generated
Art. 15zzr 1 ust. 1 k.k.
Art. 7 ust. 1 k.k.
Art. 17 § 1 pkt 6 k.p.k.
art. 387 k.p.k
AI generated

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