Prekluzja dowodowa w postępowaniu przed sądem II instancji
Evidential preclusion in the proceedings before the court of the second instance

Summary/Abstract: The issue of evidential preclusion in an appellate instance is related to the presentation of the issue in the context of Article 427 Para 3 in connection with Article 452 ofthe Code of Criminal Procedure (CCP). The joint interpretation of the above-mentionedprovisions allows drawing conclusions as to the actual scope of validity of the evidenceexclusion in proceedings before the second instance court and its influence on the modelof appeal proceedings. When interpreting Article 427 Para 3 of the CCP, it should be notedthat it contains normative formulations that require clarification from both the theoretical and practical sides. The meaning of “new” facts or evidence in terms of this provisionshould be specified on the basis of the interpretation rules resulting from Article 452 ofthe CCP In the face of a joint interpretation of the provisions, it can be concluded that the“novelty” criterion is not met, the evidence of which was possible to submit to the court ofthe first instance, which, by analogy, applies to “new facts”. The above conclusions requireclarification, from the positive side in terms of the preclusion of new facts or evidence,about the content of Article 452 Para 3 of the CCP, which introduces restrictions on oneof the grounds for dismissing evidence motions in appeal proceedings.

• Details
• Contents