Legislator Case Law & Legislation
II UZ 29/99 AI generated

Supreme Court allows appeal because filing for counsel was mistaken for a cassation appeal.

Case Number II UZ 29/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal. The applicant had filed a request for a court-appointed lawyer, which the lower court incorrectly treated as the cassation petition itself. The Supreme Court determined that since the request for counsel was not a cassation appeal, the lower court's rejection of the cassation was without subject matter.

Legislator headnote

AI generated

Art. 393 § 1 KPC; A request for the appointment of a lawyer by the court is not equivalent to a cassation appeal, and a rejection of cassation based on the mistaken identity of such a request is without subject matter.

Keywords

AI generated
cassation appeal court appointed lawyer mistaken filing without subject matter appellate procedure legal representation procedural error

Cited Legislation

AI generated
Art. 393 § 1 KPC

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