Legislator Case Law & Legislation
II UKN 547/00 AI generated

Criminal appeal dismissed; court lacks duty to summon experts if counsel objects to written opinion.

Case Number II UKN 547/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a social insurance agency's decision regarding work disability. The appellant argued that the appellate court failed to summon expert doctors for oral explanations, yet the court noted the appellant's lawyer did not object to the written opinions during the appeal hearing. The court ruled that the law grants the court discretion to request oral explanations and that the appellant failed to prove the omission affected the case outcome.

Legislator headnote

AI generated

Art. 286 KPC; Art. 3931 § 2 KPC: The court is not obliged to summon experts for oral explanations if the party's representative did not object to the written opinion, and a cassation complaint must specifically demonstrate how a procedural defect influenced the result.

Keywords

AI generated
cassation appeal expert testimony oral explanations written opinion procedural defect social insurance work disability

Cited Legislation

AI generated
art. 286 KPC
art. 3931 § 2 KPC
art. 271 KPC
art. 3932 § 1 KPC
art. 233 KPC
art. 12 ust. 3 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych

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