Supreme Court dismisses complaint for delay filed after final judgment due to procedural time limits.
Legislator summary
AI generatedThe Supreme Court of Poland refused to examine a complaint regarding procedural delay because it was filed after the appellate proceedings had legally concluded. The applicant, a prisoner seeking a sentence break, submitted the complaint on September 28, 2004, following a final decision denying his request on September 22, 2004. The court ruled that since the underlying proceedings were finalized, the complaint could not be considered within the statutory time limits and must be treated as a late appeal under the Criminal Procedure Code.
Legislator headnote
AI generatedArt. 5 ust. 1 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy bez nieuzasadnionej zwłoki; Art. 8 ust. 2 ustawy o skardze na naruszenie prawa strony do rozpoznania sprawy bez nieuzasadnionej zwłoki; Art. 429 § 1 k.p.k.; Art. 430 § 1 k.p.k.: A complaint for delay filed after the conclusion of the underlying proceedings is inadmissible as it falls outside the statutory time limits and is treated as a late appeal.