Legislator Case Law & Legislation
IV Ka 408/14 AI generated

Court dismisses traffic offense appeal due to statute of limitations expiring during second instance proceedings.

Case Number IV Ka 408/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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