Legislator Case Law & Legislation
II UKN 558/98 AI generated

Criminal procedure dismissal: Directness rule not violated when counsel does not request oral expert opinion explanation.

Case Number II UKN 558/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against the lower court's decision denying work accident status. The plaintiff argued that the directness principle was violated because expert opinions were not presented orally, while the defendant contended the death resulted from a natural disease, not external work factors. The court ruled that the directness rule is not breached when legal counsel does not demand an oral explanation of written expert opinions, especially when two medical institutes provided consistent findings.

Legislator headnote

AI generated

Art. 235 KPC; Art. 286 KPC; The principle of directness in criminal procedure is not violated when a party represented by counsel does not request an oral explanation of written expert opinions, as the court may rely on sufficient written medical consensus without further judicial action.

Keywords

AI generated
principle of directness criminal procedure code expert opinion explanation work accident status cassation appeal dismissal medical consensus external cause requirement

Cited Legislation

AI generated
Art. 235 KPC
Art. 286 KPC
Art. 6 of the Act of 12 June 1975 on benefits in the event of work accidents and occupational diseases
Art. 393 § 12 KPC

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