Legislator Case Law & Legislation
V KK 237/21 AI generated

Criminal appeal by prosecutor dismissed as inadmissible due to lack of acquittal or dismissal of proceedings.

Case Number V KK 237/21
Court / Authority
Jurisdiction Poland (PL)
Outcome Inadmissible

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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
AI generated

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