THE USE OF TEMPORARY DETENTION AS A RESULT OF RECOGNITION FOR ITS FAILURE TO APPEAL Cover Image

ZASTOSOWANIE TYMCZASOWEGO ARESZTOWANIA JAKO EFEKT ROZPOZNANIA ZAŻALENIA NA JEGO NIEZASTOSOWANIE
THE USE OF TEMPORARY DETENTION AS A RESULT OF RECOGNITION FOR ITS FAILURE TO APPEAL

Author(s): Mariusz Nawrocki
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Evaluation research
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: detention; ne peius rules; complaint;

Summary/Abstract: This article concerns the problem of the use of pre-trial detention as a result of recognition by the appellate court a complaint for failure of this preventive measure by the court of first instance. The article addresses the unique character of this design, ie., in particular, the use of detention for the first time by the court ad quem, the opportunity to appeal against the decision of the court of appeal and appeal in the so-called horizontal instance. Moreover indicated in the similarity, and also the inconsistency of the legislature to regulate the position of the accused acquitted in the first instance to the situation of the suspect, to which in the first instance did not apply the strictest of preventive measures. The article signaled that the unlimited detention on remand by the court of appeal by reference to ne peius rules, this is a rule that prevents a judgment amending, by which the situation of the accused would be prejudiced, may be a manifestation of the violation of the principle of equality, and thus overemphasize the constitutionality of detention by a court ad quem.

  • Issue Year: 2015
  • Issue No: 10
  • Page Range: 47-60
  • Page Count: 14
  • Language: Polish