„Orzekanie w granicach środka odwoławczego” – w kwestii prawidłowej wykładni przepisu art. 433 § 1 kpk.
“Adjudicating within the limits of the mean of recourse” – the matter of proper interpretation of art. 433 § 1 of the Code of Criminal Procedure
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Temida 2
Keywords: criminal procedure; appeal proceedings; scope of jurisdiction of the case; raised objections
Summary/Abstract: This article describes the scope of jurisdiction over a case in the second instance in three legislative states of criminal procedure. The scope of jurisdiction of the case is a basic term in the perspective of the right to defence. Indication of the limits of jurisdiction case influences the possibility to execute the principle of the material truth. The subject of an article is description of the status of objections as one of the elements which have significant influence on jurisdiction over the case in the second instance. The authors submit that on the basis of the legislative state before 1 July 2015, objections were an element of the limits of the mean of recourse if one of the provisions of the Code of Criminal Procedure obligated the party to formulate such objections. Moreover, regardless of an approval of basic direction of changes, the authors point to the negative aspects of the regulation which came into force aft er 1 July 2015. Obligating non-professionals to formulate objections is recognized as the main drawback of the regulation. Also, regulation aft er 15 April 2016 is subjected to critical analysis, because the limits of jurisdiction over the case depend on actual raising the objections, not on the obligation to raise them.
- Issue Year: 1/2018
- Issue No: 23
- Page Range: 15-31
- Page Count: 17
- Language: Polish