Criminal procedure dismissal: Directness rule not violated when counsel does not request oral expert opinion explanation.
Legislator summary
AI generatedThe 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 generatedArt. 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.