V KK 403/16
AI generated
Supreme Court dismisses private prosecutor's appeal due to statute of limitations expiring after appeal filing.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the private prosecutor's cassation appeal against a first-instance acquittal. The prosecutor argued for a violation of criminal law provisions regarding defamation, but the Court found the statute of limitations for private prosecution had expired by the time the appeal was filed. Consequently, the Court ruled that the appeal was inadmissible and ordered the procedural costs to be borne by the State.
Legislator headnote
AI generatedArt. 101 § 2 k.k.; Art. 102 k.k.; Art. 17 § 1 pkt 6 k.p.k.; When the statute of limitations for a private prosecution expires after the filing of a cassation appeal, the appeal must be dismissed as inadmissible.
Keywords
AI generated
private prosecution
statute of limitations
cassation appeal
inadmissible appeal
procedural bar
defamation crime
State costs
Cited Legislation
AI generatedArt. 17 § 1 pkt 6 k.p.k.
Art. 529 k.p.k.
Art. 101 § 2 k.k.
Art. 102 k.k.
Art. 632a § 1 k.p.k.
art. 17 § 1 pkt 6 k.p.k
art. 529 k.p.k
art. 212 § 1 k.k
art. 213 § 1 k.k
art. 101 § 2 k.k