Diagnosis of mild mental illness alone does not mandate court-appointed counsel under Polish Civil Procedure Code.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the applicant's cassation appeal against a disability pension denial, ruling that a diagnosis of mild mental illness does not automatically require court-appointed counsel. The applicant argued that the first-instance court's failure to appoint an attorney violated procedural rights, but the court noted the applicant did not demand this during the trial and later secured one for the appeal. Consequently, the court held that the absence of counsel in the first instance did not render the proceedings void or deprive the applicant of effective defense.
Regeste Legislator
Généré par l'IAart. 117 § 1 KPC; art. 379 pkt 5 KPC: The diagnosis of a mild mental illness is not by itself a mandatory ground for appointing court-appointed counsel, and such an omission does not constitute a violation of the right to defense sufficient to invalidate proceedings.