Legislator Case Law & Legislation
III SO 10/05 AI generated

Supreme Court transfers lawyer appointment request to first-instance court due to incomplete financial evidence.

Case Number III SO 10/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court transferred the request for a state-appointed lawyer to the Regional Court in Inowrocław for further examination. The applicant argued for free legal representation due to unemployment and lack of benefits, while the Court noted the request contained incomplete financial details. The decision was made to ensure a thorough verification of the applicant's economic status before granting legal aid.

Legislator headnote

AI generated

Art. 115 k.p.c.; Art. 117 k.p.c.: A request for a state-appointed lawyer filed in cassation proceedings may be transferred to the competent first-instance court for examination to verify incomplete financial circumstances.

Keywords

AI generated
state-appointed lawyer cassation proceedings legal aid transfer financial status verification procedural economy

Cited Legislation

AI generated
Art. 115 k.p.c.
Art. 117 k.p.c.
Art. 263 § 1 k.p.
Art. 463 § 1 k.p.c.
Art. 102 k.p.c.
Art. 4 ust. 2 of the Act of 17 June 2004 on complaints against the right to a speedy trial
Art. 871 § 1 k.p.c.
art. 117 k.p.c
art. 263 § 1 k.p
art. 463 § 1 k.p.c

Cited Case Law

AI generated

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