I PKN 71/96
AI generated
Supreme Court dismissed appeal, ruling evidence requests in cassation to change facts are inadmissible delays.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding her dismissal for drunkenness at work. The plaintiff requested expert evidence to challenge the factual findings on her blood alcohol level and reaction, arguing procedural violations. The court held that cassation proceedings are limited to legal review and cannot alter facts established by lower courts, making evidence requests aimed at changing facts inadmissible.
Legislator headnote
AI generatedArt. 217 § 2 KPC; Art. 227 KPC: Evidence requests in cassation proceedings aimed at changing or supplementing factual findings are inadmissible as they constitute mere delays, and the Supreme Court is bound by the facts established by lower courts.
Keywords
AI generated
cassation proceedings
inadmissible evidence
factual findings
procedural delay
labor law dismissal
alcohol intoxication
Supreme Court review
Cited Legislation
AI generatedArt. 217 § 2 KPC
Art. 227 KPC
Art. 39311 KPC
Art. 39312 KPC
Art. 39315 KPC