I PZ 23/05
AI generated
Criminal appeal dismissed because misnaming the appeal as 'cassation' does not invalidate it if intent is clear.
Legislator summary
AI generatedThe Supreme Court dismissed the lower court's decision rejecting the appellant's appeal solely because it was misnamed 'cassation' instead of 'appeal'. The appellant argued that the lower court erred by rejecting the document based on formal naming errors rather than substantive deficiencies. The court ruled that since the document contained all required elements for a cassation appeal and the appellant's intent was clear, the naming mistake could not serve as grounds for rejection.
Legislator headnote
AI generatedArt. 3984 § 1 k.p.c.; Art. 3986 § 2 k.p.c.: Misnaming a cassation appeal as 'cassation' does not justify its rejection if the appellant's intent to file a cassation is clear and all statutory requirements are met.
Keywords
AI generated
cassation appeal
naming error
procedural defect
rejection of appeal
clear intent
formal requirements
supreme court
Cited Legislation
AI generatedArt. 3984 § 1 k.p.c.
Art. 3986 § 2 k.p.c.
art. 3984 k.p.c
art. 3986 § 1 k.p.c
art. 398 § 2 k.p.c
art. 3986 § 2 k.p.c
art. 3984 § 1 k.p.c
art. 392 k.p.c
art. 393 § 1 pkt 3 k.p.c