V KK 232/20
Generato dall'IA
Criminal appeal dismissed as inadmissible because the accused was not acquitted and the specific charge was not raised.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the prosecutor's cassation appeal as inadmissible under the Criminal Procedure Code. The accused had not been acquitted, the proceedings were not terminated, and the specific charge under Article 439 § 1 was not raised in the appeal. Consequently, the court ruled that the appeal could not be examined on its merits.
Regesto Legislator
Generato dall'IAArt. 531 § 1 k.p.k.; Art. 523 § 3, § 4 pkt 1 k.p.k. in a contrario sense: A cassation appeal filed by the prosecutor against a conviction is inadmissible if the accused was not acquitted, the proceedings were not terminated, and the specific charge under Article 439 § 1 of the Criminal Procedure Code was not raised.
Parole chiave
Generato dall'IA
cassation appeal inadmissibility
prosecutor appeal dismissal
unraised charge requirement
acquittal necessity
procedural bar application
Disposizioni normative citate
Generato dall'IAArt. 531 § 1 k.p.k.
Art. 523 § 3 k.p.k.
Art. 523 § 4 pkt 1 k.p.k.
Art. 439 § 1 k.p.k.
art. 531 § 1 k.p.k
art. 439 § 1 k.p.k