Criminal appeal dismissed; failure to request reasoned judgment bars cassation under Polish Code of Civil Procedure.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's request to restore the deadline for filing a cassation appeal. The appellant, represented by an ad litem attorney, failed to formally request the second-instance court to provide a reasoned judgment, which is a mandatory prerequisite for cassation under Polish law. The court held that without this request, the statutory deadline for filing the appeal never began to run, rendering the late submission procedurally inadmissible regardless of the attorney's alleged errors.
Legislator headnote
AI generatedArt. 387 § 3 KPC; Art. 3934 KPC; Art. 3935 KPC; Art. 171 KPC; Art. 166 KPC; Art. 169 § 1 KPC; Art. 39319 KPC; Art. 385 KPC: A party must explicitly request a reasoned judgment from the second-instance court to trigger the statutory deadline for filing a cassation appeal; failure to do so renders the appeal inadmissible.