Pojęcie granic orzekania sądu odwoławczego w procesie karnym

Abstract

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.