Zakres przedmiotowy i podmiotowy zażalenia w polskim procesie karnym
Journal Title: Białostockie Studia Prawnicze - Year 2018, Vol 0, Issue 23
Abstract
This article concerns procedural decisions that enable a complaint to be brought in criminal proceedings and the parties entitled to initiate this measure. It is worth emphasizing that the principles of appeal proceedings originate both in Polish law, primarily the Constitution of the Republic of Poland, as well as in international agreements such as the European Convention for the Protection of Human Rights. According to art. 459 § 1 Code of Criminal Procedure, complaints may be brought against the decisions of a court which preclude the rendering of a judgment, against decisions with respect to a preventive measure, as well as against other decisions in cases prescribed under the Act. Th e right to fi le a complaint is vested in the parties and in any other person directly concerned by the decision, unless otherwise provided for in the Act. Th e article lists the features of the complaint and the indicated decisions to which the complaint applies. It then proceeds to criticize the current applicable provisions of the Code of Criminal Procedure in this regard. Th e article stresses the importance attached to the right to appeal against judgments and decisions made in the fi rst instance, the connection between the complaint and the principle of twoinstances, and the principle of the right to a fair trial. Th e author concludes by off ering six postulates that may serve to improve the procedure initiated by the complaint.
Authors and Affiliations
Paweł Czarnecki
Keywords
Related Articles
- EP ID EP518277
- DOI 10.15290/bsp.2018.23.01.02
- Views 29
- Downloads 0
Dylematy regulacji dziedziczenia ustawowego dzieci małżonka spadkodawcy (art. 9341 kc.)
Th e circle of statutory heirs cannot be accidental. Th e inclusion into Polish law of children of the deceased’s spouse to this circle is associated with the concept of the legislator to establish a wide range of potent...
The European Union and the UN Convention on the Rights of Persons with Disabilities. Selected Institutional Aspects of Implementation
The European Union is a party to the United Nations Convention on the Rights of Persons with Disabilities. A broad scope of the UNCRPD provisions makes it covered by diff erent types of EU competence – exclusive and shar...
Postal Voting and Voting by Proxy as an Alternative Voting Methods in the Light of the Electoral Code in Poland
On 1 August 2011, the Electoral Code, a new act that comprehensively regulates electoral matters in the Republic of Poland, became eff ective. Th e article is devoted to the two new mechanisms incorporated in Polish elec...
Systems of Selection and Appointment of Judges and the Issue of Judicial Independence: American, English and German Experiences
Th e article aims to investigate the infl uence of diff erent systems of selection and appointment of judges adopted in the legal systems of the United States, England and Wales, and Germany on judicial independence. In...
„Orzekanie w granicach środka odwoławczego” – w kwestii prawidłowej wykładni przepisu art. 433 § 1 kpk.
Th is article describes the scope of jurisdiction over a case in the second instance in three legislative states of criminal procedure. Th e scope of jurisdiction of the case is a basic term in the perspective of the rig...