Legislator Case Law & Legislation
I PKN 406/00 AI generated

Polish Supreme Court dismisses appeal due to premature request for judgment reasoning before sentencing.

Case Number I PKN 406/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Polish Supreme Court dismissed the appellant's cassation appeal because a request for the judgment's reasoning was submitted before the court announced its sentence. The appellant, represented without a lawyer, filed this request one day prior to the public announcement of the lower court's decision on February 16, 2000. The court ruled that such a request must be made within one week of the sentence announcement to legally trigger the one-month deadline for filing the appeal.

Legislator headnote

AI generated

Art. 3934 KPC; Art. 387 § 3 KPC: A request for the delivery of a judgment with reasoning must be filed within one week of the sentence announcement; a request made before the announcement does not start the statutory appeal period.

Keywords

AI generated
premature procedural request delivery of judgment reasoning cassation appeal deadline one week rule procedural inadmissibility

Cited Legislation

AI generated
Art. 3934 KPC
Art. 387 § 1 zdanie pierwsze KPC
Art. 387 § 3 zdanie 1 KPC
Art. 3938 § 1 KPC
Art. 3935 KPC

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