Sprzeciw od wyroku nakazowego a zakres obowiązywania zakazu reformationis in peius
Objection to an injunction verdict and scope of the prohibition of reformatio in peius
Author(s): Bartosz ŁukowiakSubject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: objection to an injunction verdict; injunction verdict; injunction verdict proceedings; simplified procedurę; special procedurę; measures of appeal; prohibition of reformatio in peius; settlements; co
Summary/Abstract: For over 30 years there has been a discussion in criminal proceedings doctrine about the scope of the prohibition on reformatio in peius in proceedings pending as a result of bringing an objection to an injunction verdict. It boils down not only to the interpretation of regulations expressing the attitude of the legislator on this issue, but also affects the assessment of the compliance of individual regulations with constitutional and convention norms, or whether it refers to the purposefulness of regulating this issue in one way or another, entailing the expression by individual authors of various applications de lege ferenda. In this work, the author deals with the current state of science and jurisprudence in relation to this problem, and also presents his own position in this regard.
Journal: Studia Prawnicze
- Issue Year: 221/2020
- Issue No: 1
- Page Range: 143-162
- Page Count: 20
- Language: Polish