II Ka 493/23
AI generated
Criminal appeal dismissed due to lack of prosecutor's complaint under Polish Code of Criminal Procedure.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Siedlce dismissed the defendant's appeal against the first-instance judgment on the grounds of the absence of a complaint from the authorized prosecutor. Although the defendant raised procedural errors and factual issues, the court ruled that without the prosecutor's objection, the proceedings must be terminated. Consequently, the first-instance verdict was annulled, and the proceedings were declared void.
Legislator headnote
AI generatedArt. 439 § 1 pkt 9 k.p.k.; Art. 17 § 1 pkt 9 k.p.k.: In criminal proceedings where the prosecutor is not a party, the appeal is inadmissible if the prosecutor does not file a complaint, resulting in the annulment of the first-instance judgment and the termination of the proceedings.
Keywords
AI generated
criminal appeal
procedural termination
lack of prosecutor complaint
annulment of judgment
Code of Criminal Procedure
Cited Legislation
AI generatedArt. 439 § 1 pkt 9 k.p.k.
Art. 17 § 1 pkt 9 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
Cited Case Law
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