Legislator Case Law & Legislation
IV Ka 550/14 AI generated

Court dismisses traffic offense prosecution due to statute of limitations expiration after two years. Verdict: dismissed.

Case Number IV Ka 550/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellate court vacated the first-instance judgment and ordered the dismissal of the proceedings against the defendant. The defendant argued that the victim's improper maneuver caused the incident, but the court focused on the expiration of the prosecution period. Since the offense occurred in April 2012 and the proceedings were initiated before the two-year limit expired, the prosecution legally ceased on April 2, 2014, necessitating the dismissal.

Legislator headnote

AI generated

Art. 45 § 1 k.w.; Art. 5 § 1 pkt 4 k.p.w.: If the prosecution period for an offense expires, the proceedings must be dismissed regardless of the factual circumstances.

Keywords

AI generated
statute of limitations prosecution period traffic offense dismissal of proceedings expiration of time limit

Cited Legislation

AI generated
Art. 45 § 1 k.w.
Art. 5 § 1 pkt 4 k.p.w.
Art. 436 k.p.k.
Art. 109 § 2 k.p.w.
Art. 118 § 2 k.p.w.
art. 5 § 1 pkt 4 k.p

Cited Case Law

AI generated
V KK 235/2005

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