IV Ka 668/13
AI generated
Appeal court quashes default judgment due to violation of defendant's right to defense and procedural rules.
Poland (PL)
Legislator summary
AI generatedThe appeal court quashed the first-instance default judgment and remanded the case for retrial. The defendant argued that his right to defense was violated because the court ignored his request to postpone the hearing due to illness. The court held that since the defendant was summoned and requested a postponement, the trial should have been delayed regardless of the medical certificate provided.
Legislator headnote
AI generatedArt. 65 § 3 k.p.w.; Art. 117 § 2 k.p.k.; Art. 67 § 3, 5 k.p.w.; Art. 438 pkt 2 k.p.k.; Art. 109 § 2 k.p.w.: If a defendant is summoned to court and requests a postponement due to illness, the court must grant the postponement; failure to do so violates the right to defense and requires quashing the default judgment.
Keywords
AI generated
right to defense
default judgment
postponement of trial
medical certificate
procedural violation
quashing of verdict
remittal for retrial
Cited Legislation
AI generatedArt. 65 § 3 k.p.w.
Art. 117 § 2 k.p.k.
Art. 38 k.p.w.
Art. 67 § 3 k.p.w.
Art. 67 § 5 k.p.w.
Art. 438 pkt 2 k.p.k.
Art. 109 § 2 k.p.w.
art. 117 § 2 k.p.k
art. 38 k.p
art. 67 § 3 k.p