Legislator Case Law & Legislation
I PKN 28/96 AI generated

Supreme Court voids appeal on merits due to secret session, remanding for proper hearing.

Case Number I PKN 28/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
motion for retrial secret session public hearing requirement void procedure right to defense work-related disease procedural void

Cited Legislation

AI generated
Art. 379 pkt. 5 KPC
Art. 393 11 KPC
Art. 393 13 KPC
Art. 386 § 2 KPC
Art. 410 § 1 KPC
Art. 407 KPC
Art. 401 KPC
Art. 403 KPC
Art. 200 § 1 KPC
Art. 202 KPC

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