V KK 258/22
AI generated
Supreme Court dismisses cassation appeal due to effective withdrawal and absence of statutory grounds for remand.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court decided to leave the cassation appeal unexamined because the defense successfully withdrew it before the final ruling. The material facts show the withdrawal was effective, and no violations of Article 439 of the Code of Criminal Procedure were found. Consequently, the court dismissed the appeal and awarded costs to the defense counsel.
Legislator headnote
AI generatedArt. 432 k.p.k.; Art. 439 k.p.k.: A cassation appeal is left unexamined if effectively withdrawn by the appellant, and the court must verify the absence of statutory grounds for remand before dismissing the appeal.
Keywords
AI generated
cassation appeal withdrawal
effective withdrawal of appeal
Article 439 k.p.k.
dismissal of cassation
costs of proceedings
Cited Legislation
AI generatedArt. 432 k.p.k.
Art. 518 k.p.k.
Art. 439 k.p.k.
art. 432 k.p.k
art. 518 k.p.k
art. 439 k.p.k