Legislator Case Law & Legislation
I PZ 23/05 AI generated

Criminal appeal dismissed because misnaming the appeal as 'cassation' does not invalidate it if intent is clear.

Case Number I PZ 23/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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