COMMENT ON THE JUDGMENT OF THE SUPREME COURT OF 20 JUNE 2023, I KS 15/23
COMMENT ON THE JUDGMENT OF THE SUPREME COURT OF 20 JUNE 2023, I KS 15/23

Summary/Abstract: This study focuses on the issue of evidentiary proceedings before the appellate court inPolish criminal procedure. As a result of the considerations undertaken, the author expressesapproval of the position of the Supreme Court, according to which the appellate court, uponfinding specific content deficiencies in certain personal and non-personal evidence, is not onlyauthorised but also obliged to conduct evidentiary proceedings autonomously. The provision ofArticle 452 of the Code of Criminal Procedure serves as the fundamental criterion for assessingthe validity of this view. The application of the historical method in the interpretation processindicates that the repeal of the first section of Article 452 of the Code of Criminal Procedure,which previously stated that ‘the appellate court may not conduct evidentiary proceedings asto the substance of the case,’ contributed to establishing the principle of the appellate courtconducting evidence hearings on the merits. The argumentation in this regard is enriched bythe joint 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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