Polish Supreme Court dismisses appeal for retrial, ruling appellate court erred by deciding on a closed session instead of a public hearing.
Legislator summary
AI generatedThe Polish Supreme Court dismissed the cassation appeal against an appellate court's decision to reject a motion for retrial. The appellant argued the lower court improperly decided the case on a closed session rather than a public hearing, and failed to address a new ground for retrial raised in the written petition. The Supreme Court held that the appellate court erred by ruling on the admissibility and merit of the retrial motion during a closed session, violating the principle of public hearings, and thus remanded the case for a proper hearing.
Legislator headnote
AI generatedArt. 410 § 1 KPC; Art. 411 KPC: A court must hold a public hearing to examine the admissibility and merits of a motion for retrial; deciding such a motion on a closed session violates the principle of public proceedings.