VI Ka 728/25
AI generated
Criminal appeal dismissed; court quashed first instance judgment and dismissed prosecution due to lack of victim's request.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal quashed the first-instance judgment and dismissed the criminal proceedings against the defendant. The defendant appealed claiming procedural errors, but the court ruled that the prosecution lacked a request to pursue the offense committed by a third party. Consequently, the court terminated the case, finding the act constituted a minor offense rather than a crime.
Legislator headnote
AI generatedArt. 17 § 1 pkt 10 k.p.k.; Art. 193 § 1 k.k.: When the prosecution fails to request the pursuit of an offense committed by a third party, the criminal proceedings must be dismissed, and the act is classified as a minor offense.
Keywords
AI generated
dismissal of criminal proceedings
lack of victim request
third party offense
minor offense classification
procedural dismissal
criminal appeal
quashing of judgment
Cited Legislation
AI generatedArt. 17 § 1 pkt 10 k.p.k.
Art. 193 § 1 k.k.
Art. 632 pkt. 2 k.p.k.
Art. 634 k.p.k.
art. 17§1 pkt 10 k.p.k
art. 193§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
Cited Case Law
AI generatedIV KK 376/05
Related Decisions
AI generatedVI Ka 43/21
Appeal court upholds conviction for theft and denies defense's procedural and factual error claims.
II Ka 984/21
Court dismissed appeal against conviction for theft, rejecting procedural and factual errors claims.
VI Ka 647/20
Appeal dismissed; court upheld drug trafficking conviction and sentence as lawful and proportionate.
VI Ka 293/13
Appeal court partially allowed appeal by removing 'hooligan' character finding and suspending sentence with alcohol abstinence order.