Legislator Case Law & Legislation
V KK 201/18 AI generated

Supreme Court dismisses cassation filed after appeal acquittal due to late filing and procedural defects.

Case Number V KK 201/18
Court / Authority
Jurisdiction Poland (PL)
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the subsidiary prosecutor against an appellate court's acquittal. The appeal was submitted one day after the statutory 30-day deadline expired, and the lower appellate court had improperly accepted it despite this procedural defect. The Supreme Court ruled that such a filing is inadmissible and must be left without examination, assigning the costs to the filing party.

Legislator headnote

AI generated

art. 524 § 1 k.p.k.; art. 530 § 2 k.p.k.; art. 531 § 1 k.p.k.: A cassation appeal filed after the expiration of the statutory period is inadmissible and must be left without examination, regardless of any prior acceptance by the lower appellate court.

Keywords

AI generated
cassation appeal statutory deadline subsidiary prosecutor procedural defect inadmissible appeal costs allocation art. 531 k.p.k.

Cited Legislation

AI generated
art. 524 § 1 k.p.k.
art. 530 § 2 k.p.k.
art. 429 § 1 k.p.k.
art. 531 § 1 k.p.k.
art. 637 § 1 k.p.k.
art. 636 § 1 k.p.k.
art. 637a k.p.k.
art. 531 § 1 k.p.k
art. 530 § 2 k.p.k
art. 429 § 1 k.p.k

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