Legislator Case Law & Legislation
I PKN 544/98 AI generated

Criminal acquittal does not justify civil retrial under Polish Civil Procedure Code Article 403.

Case Number I PKN 544/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's request to retry the civil proceedings for a payment order based on a subsequent criminal acquittal. The defendant argued that the criminal court's finding of innocence regarding theft should overturn the civil judgment for damages caused by a shortage. The court held that a criminal verdict does not constitute a new fact or evidence under Article 403 of the Civil Procedure Code because it arose after the civil case concluded and did not involve the same legal relationship.

Legislator headnote

AI generated

Art. 403 § 2, 3 KPC; A criminal acquittal for theft does not justify a civil retrial as it is not a newly discovered fact or evidence, nor does it concern the same legal relationship as the civil claim for damages.

Keywords

AI generated
civil procedure code retrial grounds criminal acquittal new evidence rule same legal relationship payment order shortage liability

Cited Legislation

AI generated
art. 403 § 2 KPC
art. 403 § 3 KPC
art. 407 KPC
art. 393 § 12 KPC
art. 11 KPC

Cited Case Law

AI generated

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