Legislator Case Law & Legislation
I PZ 77/01 AI generated

Criminal appeal scope: lack of partial limitation implies full appeal request under Art. 3933 § 1 KPC.

Case Number I PZ 77/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 3933 § 1 pkt 4 KPC
Art. 386 § 1 KPC
Art. 397 § 2 KPC
Art. 39318 § 3 KPC

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