I PKN 544/98
AI generated
Criminal acquittal does not justify civil retrial under Polish Civil Procedure Code Article 403.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 403 § 2 KPC
art. 403 § 3 KPC
art. 407 KPC
art. 393 § 12 KPC
art. 11 KPC
Cited Case Law
AI generatedIII PZP 63/68
I PZ 20/67
III PZ 4/75
I PKN 245/97
Supreme Court dismisses cassation against labor court's rejection of retrial request due to procedural errors.
I CO 1/68
I PKN 544/97