Legislator Case Law & Legislation
III SPP 23/04 AI generated

Supreme Court dismisses complaint for delay filed after final judgment due to procedural time limits.

Case Number III SPP 23/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
procedural delay complaint time limit expiration final judgment effect criminal procedure code inadmissible appeal prisoner sentence break appellate proceedings

Cited Legislation

AI generated
Art. 5 ust. 1 of the Act of June 17, 2004 on complaints for delay in proceedings without unjustified delay
Art. 8 ust. 2 of the Act of June 17, 2004 on complaints for delay in proceedings without unjustified delay
Art. 429 § 1 of the Code of Criminal Procedure
Art. 430 § 1 of the Code of Criminal Procedure
art. 430 § 1 k.p.k
art. 429 § 1 k.p.k

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