Supreme Court dismisses appeal; filing for court-appointed counsel does not extend cassation deadline.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the rejection of his cassation, which was filed after the statutory one-month deadline. The appellant argued that the appointment of a court-appointed lawyer should have extended the deadline, citing conflicting precedents and constitutional principles regarding access to court. The Court ruled that the appointment of counsel does not affect the running of the cassation deadline and that any delay caused by the lawyer's inability to meet the deadline must be addressed through a separate request to restore the deadline.
Legislator headnote
AI generatedArt. 3934 § 1 KPC; Art. 3935 KPC: The filing of a request to appoint a lawyer by the court does not affect the running of the deadline for filing a cassation; failure to file within the statutory period due to reasons not attributable to the lawyer or the party constitutes a ground only for requesting the restoration of the deadline.