Legislator Case Law & Legislation
III PZ 2/06 AI generated

Supreme Court dismisses appeal against rejection of second retrial request due to prior final ruling. The judge who rejected the first retrial is not barred from hearing the second appeal.

Case Number III PZ 2/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's decision to reject a second request for retrial. The appellant argued that the judge who previously rejected the first retrial request was improperly excluded from hearing this new appeal. The court clarified that the term 'previous proceedings' in the relevant statute refers only to the initial trial, not to a prior retrial request that was already final. Consequently, the judge was not barred from ruling on the admissibility of this second retrial request, and the appeal was rejected because the matter had already been conclusively decided by a final judgment on the retrial.

Legislator headnote

AI generated

Art. 413 k.p.c.; Art. 399 § 1 k.p.c.; The term 'previous proceedings' refers solely to the initial trial, not to a prior retrial request, meaning a judge who rejected a previous retrial is not excluded from hearing a subsequent appeal regarding the admissibility of a new retrial request.

Keywords

AI generated
retrial request admissibility judge recusal rules previous proceedings definition final judgment effect Supreme Court procedure

Cited Legislation

AI generated
Art. 413 k.p.c.
Art. 399 § 1 k.p.c.
Art. 416 k.p.c.
Art. 398 § 14 k.p.c.
Art. 394 § 3 k.p.c.
art. 413 k.p.c
art. 52 § 1 k.p
art. 52 k.p
art. 401 pkt 2 k.p.c
art. 379 pkt 2 k.p.c

Cited Case Law

AI generated
II CKN 84/98, OSNC 1999 nr 5, poz. 101

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