Legislator Case Law & Legislation
II URN 33/94 AI generated

Supreme Court quashes social security judgment for omitting deceased witness's written statement in evidence assessment.

Case Number II URN 33/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's decision denying pension benefits due to the failure to consider a written statement from a deceased witness. The applicant argued that ignoring this document violated the principle of comprehensive evidence evaluation, while the Social Insurance Fund contended the evidence was insufficient. The court ruled that excluding the written declaration constituted a gross violation of procedural fairness, necessitating a retrial.

Legislator headnote

AI generated

Art. 3 § 2 k.p.c.; Art. 233 § 1 k.p.c.: The court must comprehensively evaluate all evidence, including written statements from deceased witnesses, and omitting such documents constitutes a gross violation of the principle of free evaluation of evidence.

Keywords

AI generated
social security benefits deceased witness statement comprehensive evidence evaluation free evaluation of evidence supreme court review pension entitlement procedural fairness

Cited Legislation

AI generated
Art. 3 § 2 k.p.c.
Art. 233 § 1 k.p.c.
Art. 422 § 2 k.p.c.
Art. 421 § 2 k.p.c.
Art. 419 § 3 k.p.c.
art. 419 § 3 k.p.c
art. 3 § 2 k.p.c
art. 233 § 1 k.p.c
art. 422 § 2 k.p.c
art. 421 § 2 k.p.c

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