Kontrowersje wokół skargi na wyrok sądu odwoławczego w procesie karnym
Controversies Concerning the Appeal Against an Appellate Court Judgment in Criminal Trial
Author(s): Bartosz ŁukowiakSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: appeal against appellate court judgment; extraordinary measures of appeal; measures of appeal; legal validity of judgment; Supreme Court; criminal proceedings; disciplinary proceedings;
Summary/Abstract: This work is a response to the views expressed in the literature concerning certain issues related to the appeal against an appellate court judgment regulated in Chapter 55a of the Polish Code of Criminal Procedure that can be filed to the Supreme Court if the appellate court reverses the judgment and refers the case for reexamination. The article presents the author’s view on the legal nature of this measure, the scope of control exercised by the Supreme Court, the possible ways in which this procedure may end, the composition of the court, and the applicability of the provisions on the appeal against an appellate court judgment in the course of various disciplinary proceedings. The author also analyzes the jurisprudence regarding the measure in question and formulates de lege ferenda postulates aimed at improving this measure of appeal.
Journal: Czasopismo Prawa Karnego i Nauk Penalnych
- Issue Year: 24/2020
- Issue No: 1
- Page Range: 105-129
- Page Count: 25
- Language: Polish
