Pojęcie granic orzekania sądu odwoławczego w procesie karnym
Streszczenie
The article titled "The Concept of the Bounds of Adjudication at the Court of Appeal
in Pena! Proceedings" deals with the complicated problem of precise usage of terminology in
the scope of appeal proceedings in penal cases- especially on the bases of the Code of Penal
Proceedings of 1997 (k.p.k.).
The first thing to do was to characterise the model of proceeding during appeal in the
Polish pena! procedure, then there was an attempt to put in order the concepts involved in
that phase of the proceeding. The following concepts are mentioned there: the concept of
appeal itself, complaining, devolution and suspensiveness (absolute and relative), efficacy,
admissibility of such measure, the right to its application, so-called gravamen (otherwise
known as the importunity of the pronouncement) and the reformationis in peius prohibition
and others.
However, special attention is paid to the distinction of the following concepts: the bounds
of appeal and bounds of pronouncement of the court of appeal by consulting the rich
literature on the subject and in consequence the acknowledgement (on the bases of the
regulations of Code of Penal Proceeding of 1997), that the bounds of prosecution (that means
the scope in which the pronouncement was prosecuted). The scope of the pronouncement of
the court of appeal is additionally earmarked by three elements: a) raised objections of appeal
(that is showing a concrete fault in making pronouncement); b) the line of appeal (that is
the relationship of this type of measures and the interests of the suspect) and the reformations
in peius prohibition (the limitation of the possibility of the pronouncement to the disadvantage
of the suspect), and c) the so-called ne peius prohibition, which the substantial pronouncement
of the court of appeal (through the prohibition of the conviction of the suspect or the
aggravation of the punishment of deprivation of liberty for him as defined in art. 454 k.p.k.)
but they are not related to the line of the remedy of law.