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I UK 76/08 AI generated

Criminal procedure: defense lawyer's unauthorized actions within actual authority do not invalidate proceedings. Dismissed. 10 words.

Case Number I UK 76/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Andrzej Z. against a second-instance judgment denying his compensation claim for a prison accident. The appellant argued that his lawyer, Jakub P., acted beyond his limited power of attorney granted only for a specific court date, thereby violating procedural rules. The court rejected this claim, ruling that a lawyer performing acts within their actual scope of authority remains valid even if the written power of attorney specifies a narrower range.

Legislator headnote

AI generated

Art. 379 pkt 2 k.p.c.; Art. 130 § 1 k.p.c.; A defense lawyer performing procedural acts within the actual scope of authorization is not considered improperly authorized under Art. 379(2) of the Code of Civil Procedure, even if the written power of attorney defines a narrower scope.

Keywords

AI generated
improperly authorized lawyer actual scope of authority power of attorney procedural defect cassation appeal dismissal prison accident compensation defense counsel validity

Cited Legislation

AI generated
Art. 379 pkt 2 k.p.c.
Art. 130 § 1 k.p.c.
Art. 398 § 1 pkt 2 k.p.c.
Art. 385 k.p.c.
art. 379 pkt 2 k.p.c
art. 217 k.p.c
art. 385 k.p.c
art. 369 pkt 2 k.p.c
art. 93 k.p.c
art. 378 § 1 k.p.c

Cited Case Law

AI generated
III CZP 93/68

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