GLOSA DO WYROKU SĄDU NAJWYŻSZEGO Z DNIA 20 CZERWCA 2023 R., I KS 15/23
GLOSS ON THE JUDGMENT OF THE SUPREME COURT OF JUNE 20, 2023, I KS 15/23

Summary/Abstract: This study focuses on the issue of evidentiary proceedings before the appellate court inthe Polish criminal procedure. As a result of the considerations carried out, the author expressesapproval of the position of the Supreme Court, in the light of which the appellate court, in the event of finding specific content deficiencies in part of personal and non-personal evidence,is not only authorized, but also obliged to conduct evidentiary proceedings autonomously.The provision of Article 452 of the Code of Criminal Procedure is the fundamental criterionfor assessing the validity of the view expressed in this way. The application of the historicalmethod in the process of its interpretation means that the circumstance of repealing thefirst editorial unit of Article 452 of the Code of Criminal Procedure, in the light of which“the appellate court may not conduct evidentiary proceedings as to the substance of the case”,influenced the establishment of the principle of conducting evidence as to the substance of thecase by the appellate court in this way. The argumentation in this respect is enriched by thejoint interpretation of Article 427 § 3 of the Code of Criminal Procedure in connection withArticle 452 § 2 and 3 of the Code of Criminal Procedure.

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