II Ka 923/23
AI generated
Court dismisses prosecution due to statute of limitations expiration for a minor offense committed over three years prior.
Poland (PL)
Legislator summary
AI generatedThe District Court in Siedlce vacated the first-instance judgment and ordered the dismissal of criminal proceedings against the defendant. The defendant argued that the prosecution violated procedural rules, but the court found the primary ground for dismissal to be the expiration of the statute of limitations for the minor offense. Consequently, the court ruled that the act, which constitutes a minor offense under current law, could no longer be prosecuted because more than three years had elapsed since its commission.
Legislator headnote
AI generatedArt. 45 § 1 k.p.k.; Art. 119 § 1 kk: The expiration of the statute of limitations for the prosecution of a minor offense bars criminal proceedings, requiring the dismissal of the case regardless of procedural errors.
Keywords
AI generated
statute of limitations
minor offense
criminal proceedings
dismissal of case
procedural error
Cited Legislation
AI generatedArt. 45 § 1 k.p.k.
Art. 119 § 1 kk
Art. 2 § 1 kw
Art. 5 § 1 pkt 4 k.p.w.
Art. 45 § 1 k.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
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