Kasacyjna

Kasacyjna is the feminine form of the Polish adjective kasacyjny, used to describe matters connected with cassation (kasacja), the extraordinary remedy in Polish law. The term appears in phrases such as skarga kasacyjna or decyzja kasacyjna and serves to classify acts, motions, or rulings tied to cassation before the Supreme Court of Poland.

Kasacja is an extraordinary form of appeal intended to correct errors of law in a final judgment rather than to re-examine factual findings. It is available in civil and criminal proceedings under the relevant codes. The grounds for cassation typically include a violation of the law, incorrect interpretation or application of the law, or a serious procedural defect that affected the outcome. Because it focuses on legal issues, the remedy generally does not permit a fresh evaluation of facts, except to the extent such facts are necessary to interpret the applicable law.

Procedure and outcomes: A party files a skarga kasacyjna with the Supreme Court within the time limits set by law. If the Supreme Court accepts the cassation, it reviews the legal questions presented and may annul (uchylić) the challenged judgment, modify it, or remand the case to the lower court for reconsideration in light of the cassation ruling. The cassation process is closely regulated and used relatively sparingly, reflecting its character as an exceptional means to harmonize the application of law.

See also: Kasacja; Kodeks postępowania cywilnego; Kodeks postępowania karnego.