Supreme Court voids appeal on merits due to secret session, remanding for proper hearing.
Legislator summary
AI generatedThe Supreme Court voided the appellate court's decision because it adjudicated the motion for retrial during a secret session, violating procedural rules requiring public hearings for substantive review. The appellant argued the lower courts failed to conduct necessary psychiatric and cardiac examinations to determine if her condition was work-related. The court ruled that secret sessions cannot be used to verify the merits of a retrial motion, necessitating a new public hearing to protect the appellant's right to defense.
Legislator headnote
AI generatedArt. 379 pkt. 5 KPC; Art. 410 § 1 KPC: A court cannot examine the substantive merits of a motion for retrial during a secret session; such proceedings are void if the motion is decided without a public hearing, regardless of the motion's formal compliance.