Glosa do postanowienia Sądu Najwyższego z 8 grudnia 2020 r., sygn. akt II KK 148/20, dotyczącego warunków istnienia wyroku wydanego na rozprawie
Commentary to the decision of the Supreme Court of December 8, 2020, II KK 148/20 concerning the conditions of the existence of the judgment which was issued at the hearing

Summary/Abstract: In the analyzed ruling, the Supreme Court considers what conditions should be met by the judgement issued at the hearing so that it can be considered to exist. The Supreme Court decided that the condition for the existence of an appeal court judgment resulting from an appeal hearing is that it is drawn up in writing, signed by judges and announced. The purpose of this commentary is to refer to the opinion of the Supreme Court and the related procedural consequences. According to the author, the condition for the existence of a judgment is its drawing up in writing and a public announcement. The author agrees with the Supreme Court that if the judgment has not been announced at the appeal hearing, lodging a cassation appeal is inadmissible as there is no final judgment of the appellate court concluding the proceedings. The cassation appeal lodged in such a situation is not subject to examination.

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