IV Ka 426/14
AI generated
Appeal court quarts first instance verdict for continuous offense due to flawed partial assessment of evidence.
Poland (PL)
Legislator summary
AI generatedThe appeal court quashed the first instance judgment and remanded the case for retrial. The defendants were accused of maliciously disturbing a victim through repeated acts of tampering with electricity and flooding. The lower court incorrectly split its evaluation of the continuous offense, partially acquitting while partially dismissing the case based on statute of limitations.
Legislator headnote
AI generatedArt. 107 k.w.; Art. 45 § 1 k.w.; Art. 12 k.k.: For continuous offenses involving repeated acts, the court must evaluate the entire evidence comprehensively rather than splitting the assessment between acquittal and dismissal based on limitation periods.
Keywords
AI generated
continuous offense
malicious disturbance
statute of limitations
repeated acts
remand for retrial
evidence evaluation
continuous act
Cited Legislation
AI generatedArt. 107 k.w.
Art. 45 § 1 k.w.
Art. 12 k.k.
art. 12 k.k
Cited Case Law
AI generatedIII KRN 171/94
III KRN 85/95