XVI K 6/14
AI generated
Court dismisses case due to victim's failure to file supplementary indictment within one month of receiving the prosecutor's decision.
Legislator summary
AI generatedThe court dismissed the proceedings because the supplementary indictment was filed outside the statutory one-month deadline. Although the victim's lawyer received the prosecutor's decision, the court found no evidence that the victim personally received it, which is the sole basis for calculating the filing period. Consequently, the court ruled that the procedural requirement for a valid victim complaint was not met.
Legislator headnote
AI generatedArt. 55 § 1 k.p.k.; Art. 330 § 2 k.p.k.: The one-month period for filing a supplementary indictment is preclusive and calculated exclusively from the date the victim personally receives the prosecutor's decision to dismiss proceedings, not from the date the lawyer receives it.
Keywords
AI generated
supplementary indictment
procedural preclusion
victim's personal receipt
statutory deadline
dismissal of proceedings
Cited Legislation
AI generatedart. 55 § 1 k.p.k.
art. 330 § 2 k.p.k.
Art. 55 k.p.k
art. 330 § 2 k.p.k
art. 55 § 1 k.p.k