V KK 25/24
AI generated
Supreme Court dismisses appeal when prosecutor withdraws it, citing procedural withdrawal under Criminal Procedure Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the cassation appeal without further examination after the prosecutor withdrew the appeal during the hearing. The court found no procedural violations under Article 439 of the Criminal Procedure Code since the withdrawal was effective and voluntary. Consequently, the appeal was left without resolution, and state costs were assigned to the State Treasury.
Legislator headnote
AI generatedArt. 531 § 1 k.p.k. pkt. 1 i 3; Art. 518 k.p.k.; Art. 431 § 1 k.p.k.; Art. 432 k.p.k.; Art. 637a k.p.k.; Art. 637 § 1 k.p.k.; Art. 636 § 1 k.p.k.: When a prosecutor withdraws a cassation appeal during the hearing without revealing procedural violations, the court must dismiss the appeal without examination and assign costs to the State Treasury.
Keywords
AI generated
prosecutor withdrawal
cassation appeal
Criminal Procedure Code
dismissal without examination
state costs
procedural withdrawal
Supreme Court
Cited Legislation
AI generatedArt. 531 § 1 k.p.k. pkt. 1 i 3
Art. 518 k.p.k.
Art. 431 § 1 k.p.k.
Art. 432 k.p.k.
Art. 637a k.p.k.
Art. 637 § 1 k.p.k.
Art. 636 § 1 k.p.k.
art. 531 § 1 k.p.k
art. 518 k.p.k
art. 431 § 1 k.p