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O niekonstytucyjności § 95 ust. 2 zd. 2 Regulaminu urzędowania sądów powszechnych

100%

Łukowiak B.

tom 116

59 - 71

The subject of this work is the issue of the constitutionality of § 9522 of the Rules of Procedure of Common Courts. Based on the analysis of regulations in the field of criminal proceedings, the author tries to demonstrate the non-compliance of this provision with the principle of the right to defence, the principle of the right to an effective remedy, the principle of the exclusivity of the act and the prohibition of creating apparent powers, and, therefore, proposes its own, different regulation of this issue, which would allow for compliance of national regulations with the standards of fair trial.

On the concept of an appellate measure in a criminal proceeding

100%

Łukowiak B.

2023

tom 17

nr 3 ENG

79-94

The aim of the paper is to analyse how the term ‘appellate measure’ is interpreted in the Polish doctrine of criminal procedure law and, in particular, to assess the accuracy of the assumption that the possibility of recognising a particular means of indictment of a decision as an appellate measure is determined by its normative features. Based on the analysis of the characteristic features of each means of indictment of a decision, an attempt is made to demonstrate that this assumption may be regarded as incorrect. It is suggested that the previous definition of an appellate measure be revised, and recognise that this concept is purely of a conventional (traditional) nature, which means that the possibility of classifying a particular means of indictment of a decision as an appellate measure should not depend on its nature or similarity to other legal measures considered as means of indictment of a decision.