Legislator Case Law & Legislation
II UKN 214/98 AI generated

Supreme Court dismissed cassation, ruling no legal aid needed as the case was not factually complex beyond the prisoner's defense capabilities.

Case Number II UKN 214/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a prisoner seeking a disability pension against the Social Insurance Institution. The appellant argued that his imprisonment rendered him unable to defend his rights, violating procedural guarantees, while the lower courts found he failed to meet the statutory five-year employment requirement for the pension. The court ruled that the lower courts thoroughly verified all facts and that the case did not reach a complexity level necessitating the appointment of legal aid under the relevant procedural code.

Legislator headnote

AI generated

Art. 5 KPC; Art. 117 § 1 KPC: Legal aid must be appointed only when a case is factually or legally complex to the extent that it exceeds the defense capabilities of an unassisted party, a condition not met in this straightforward pension dispute.

Keywords

AI generated
legal aid appointment disability pension entitlement prisoner procedural rights cassation dismissal social insurance law

Cited Legislation

AI generated
Art. 5 KPC
Art. 117 § 1 KPC
Art. 392 § 1 KPC
Art. 393 § 1 KPC
Art. 397 pkt 5 KPC
Art. 34 ust. 1 ustawy o z.e.p.
Art. 65 ustawy o z.e.p.

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