IV Ka 408/14
AI generated
Court dismisses traffic offense appeal due to statute of limitations expiring during second instance proceedings.
Legislator summary
AI generatedThe appellate court overturned the first-instance conviction for a traffic violation and ordered the proceedings to be discontinued. Although the defense successfully argued that the statute of limitations had expired, the court found the lower court's evidence evaluation and fact-finding to be legally sound. Consequently, the appeal was rejected on procedural grounds because the limitation period for prosecution had already passed before the final judgment could be rendered.
Legislator headnote
AI generatedArt. 45 § 1 k.w.; Art. 5 § 1 pkt 4 k.p.w.: If the statute of limitations for prosecution expires during the course of criminal proceedings, the proceedings must be discontinued and the judgment of the first instance must be set aside.
Keywords
AI generated
statute of limitations
traffic offense
proceedings discontinuance
appellate review
criminal procedure law
Cited Legislation
AI generatedArt. 45 § 1 k.w.
Art. 5 § 1 pkt 4 k.p.w.
Art. 118 § 2 k.p.w.
art. 4 k.p.k
art. 8 k.p
art. 7 k.p.k
art. 5 § 1 pkt 4 k.p
art. 118 § 2 k.p