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Extraordinary complaint, or building confidence in the courts and the principle of social justice

In the Office of Intervention and Legal Advice at the Parliamentary Office of Marek Kuchciński, MP, one may obtain assistance in drafting an extraordinary complaint to the Prosecutor General or Ombudsman.

Thanks to the new law, ILLEGAL, CRIMINAL judgments under the extraordinary procedure will be able to be shaken up and will be reviewed by the new Supreme Court Chamber that has just been established.

Although we cannot write directly to the Supreme Court, we can turn to the above-mentioned authorities and the parliamentary office will help us. First persons interested in using this institution are already reporting. So far there have been two requests for filing an extraordinary complaint - in the case of annulment of a donation and in the case of annulment of a court settlement.

 

In order for us to file an extraordinary complaint, the ruling must meet a necessary condition, viz:

1) violate the principles or freedoms and rights of man and citizen set forth in the Constitution,

2) grossly violate the law through misinterpretation or misapplication,

3) there is a clear contradiction between significant findings of the court and the content of evidence gathered in the case.

 

The complaint may be filed within 5 years from the date the appealed verdict becomes final, and if a cassation appeal or appeal in cassation has been filed - within one year from the date of their examination. Additionally, an extraordinary complaint can be filed in cases that have become final after 17 October 1997, until 03 April 2021.

 

OFFICE OF LEGAL INTERVENTION AND ADVICE

Wybrzeże Józefa Piłsudskiego 1, 37-700 Przemyśl

phone/fax 16 678 49 19

[email protected]

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