V KK 237/21
AI generated
Criminal appeal by prosecutor dismissed as inadmissible due to lack of acquittal or dismissal of proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the prosecutor's cassation appeal without substantive review, ruling it inadmissible under the law. The defendant was neither acquitted nor had the proceedings terminated, which are the only conditions allowing a prosecutor to file such an appeal. Consequently, the court declared the appeal inadmissible by operation of law and assigned costs to the state.
Legislator headnote
AI generatedArt. 523 § 3 k.p.k.; Art. 530 § 2 k.p.k.; Art. 531 § 1 k.p.k.; Art. 429 § 1 k.p.k.; Art. 523 § 3 k.p.k. allows a prosecutor to file a cassation appeal only upon acquittal or dismissal of proceedings; otherwise, the appeal is inadmissible by operation of law.
Keywords
AI generated
prosecutor cassation appeal
inadmissible by operation of law
acquittal requirement
dismissal of proceedings
criminal procedure code
Cited Legislation
AI generatedArt. 523 § 3 k.p.k.
Art. 530 § 2 k.p.k.
Art. 531 § 1 k.p.k.
Art. 429 § 1 k.p.k.
art. 439 k.p.k
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Supreme Court dismisses request to suspend execution of final judgment pending cassation appeal.
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Criminal appeal dismissed for misclassifying factual error as formal contradiction under Polish Code of Criminal Procedure.
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Supplementary prosecutor's appeal dismissed for lack of jurisdictional defect; court upheld acquittal on harassment charges.