Legislator Case Law & Legislation
I PKN 640/98 AI generated

Criminal appeal dismissed; unfavorable first-instance verdict cannot serve as sole basis for new facts under Art. 381 KPC.

Case Number I PKN 640/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Beata W. against the Second Instance Court's rejection of her claim for a post-mortem payment. The court held that an unfavorable first-instance judgment cannot independently constitute the 'need' to introduce new evidence under Article 381 of the Code of Civil Procedure. Furthermore, the court found no substantial impact on the case outcome regarding the alleged violation of Article 328 § 2 KPC, as the lower court's decision remained substantively correct despite formal reasoning defects.

Legislator headnote

AI generated

Art. 381 KPC; Art. 328 § 2 KPC; An unfavorable first-instance judgment cannot serve as the sole basis for invoking new facts and evidence, and formal defects in reasoning do not justify cassation if the decision is substantively correct.

Keywords

AI generated
cassation appeal new evidence rule unfavorable verdict procedural defect substantive correctness Code of Civil Procedure post-mortem payment

Cited Legislation

AI generated
Art. 381 KPC
Art. 328 § 2 KPC
Art. 3931 § 2 KPC

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