Legislator Case Law & Legislation
V KK 402/16 AI generated

Supreme Court dismisses prosecutor's appeal due to withdrawal and lack of statutory grounds for cassation.

Case Number V KK 402/16
Court / Authority
Jurisdiction Poland (PL)
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the prosecutor's cassation appeal without a substantive hearing because the prosecutor withdrew the appeal. The prosecutor argued for a review of the lower court's decision, but the court noted the withdrawal and the absence of grounds under Articles 439 and 440 of the Criminal Procedure Code. Consequently, the appeal was rejected, and the state was ordered to cover the costs of the prosecutor's legal representation.

Legislator headnote

AI generated

Art. 432 k.p.k.; Art. 439 k.p.k.; Art. 440 k.p.k.; Art. 518 k.p.k.: When a prosecutor withdraws a cassation appeal, the Supreme Court must dismiss it without a hearing if no statutory grounds for review exist.

Keywords

AI generated
cassation appeal withdrawal prosecutor appeal dismissal Criminal Procedure Code lack of review grounds costs of legal representation

Cited Legislation

AI generated
Art. 432 k.p.k.
Art. 439 k.p.k.
Art. 440 k.p.k.
Art. 518 k.p.k.
Art. 636 § 1 k.p.k.
Art. 637 § 1 k.p.k.

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