I PZ 77/01
AI generated
Criminal appeal scope: lack of partial limitation implies full appeal request under Art. 3933 § 1 KPC.
Legislator summary
AI generatedThe Supreme Court allowed the defendant's appeal against the lower court's dismissal of the cassation. The lower court rejected the appeal because the appellant failed to specify the scope of the challenged judgment, citing a strict statutory requirement. The Supreme Court ruled that without an explicit limitation to a part of the judgment, the request must be interpreted as challenging the entire ruling.
Legislator headnote
AI generatedArt. 3933 § 1 pkt 4 KPC; If the scope of the request to set aside a judgment is not limited to a part thereof, it is deemed to concern the setting aside of the judgment in its entirety.
Keywords
AI generated
cassation appeal scope
judgment setting aside
partial limitation requirement
civil procedure code
appellant burden
Cited Legislation
AI generatedArt. 3933 § 1 pkt 4 KPC
Art. 386 § 1 KPC
Art. 397 § 2 KPC
Art. 39318 § 3 KPC