Przegląd orzecznictwa Sądu Najwyższego
Overview of the decisions of the Polish Supreme Court

Summary/Abstract: The resolution of seven judges of the Polish Supreme Court passed of July 22, 2020, (case file no. III CZP 31/19) is of certain significance that regards legal practice and activities. The resolution was adopted in response to a question presented by the Financial Ombudsman: Is an injured person, who has suffered bodily injury or health disorder, entitled to a compensation under Article 444 § 1 of the Polish Civil Code for the costs of care provided by relatives free of charge? In the decision, the court indicated that the injured person who had suffered bodily injury or health disorder, may, under art. 444 § 1 of the Polish Civil Code, claim the compensation the costs of care provided by relatives free of charge. Particular attention must also be paid to the resolution of the Polish Supreme Court of May 26, 2020, which was issued by seven judges (court case file no. I KZP 12/19). In the resolution, the Polish Supreme Court concluded that the application for reopening the proceedings based on the Article 540 § 1 item 1 of the Polish Code of Criminal Procedure meets the formal requirements specified in the Article 541 § 2 of the Polish Code of Criminal Procedure if it indicates a final conviction for committing a crime in connection with the proceedings subject to the reopening of proceedings or, if in its content, it indicates a decision issued in criminal proceedings, stating the impossibility of issuing a conviction due to the reasons specified in Art. 17 § 1 items 3–11 of the Polish Code of Criminal Procedure or in the Article 22 of the Polish Code of Criminal Procedure. In the latter case, however, the application must mention the circumstances proving that the crime was committed in connection with the proceedings, if such circumstances are not included in the judgment.

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