Legislator Case Law & Legislation
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.

Case Number XVI K 6/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 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

Cited Case Law

AI generated

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