Prejudycjalność wyroku karnego. Próba analizy
Preliminary ruling proceedings in criminal cases. An attempt of analysis
Author(s): Paweł PorębnySubject(s): Criminal Law, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: prejudice; prejudication; criminal procedure; principle of autonomy of the criminal court; legal certainty; constitutional crisis in Poland
Summary/Abstract: The main aim of this article is to examine the subject matter of preliminary rulings in criminal proceedings. It is analysed in terms of its role in such proceedings, using the method of investigation of the law in force and a historical development analysis, whilst also outlining its terminology and background. It is also juxtaposed, using a comparative law approach, to other branches of procedural law in which it also occurs, highlighting that, despite its universal nature, it does not constitute a uniform legal category. Why, however, is the preliminary ruling measure so important? The legal institution under examination has become extremely topical during the current crisis of law in Poland, a constitutional crisis in particular, as evidenced by the empirical component of the study. Materials for this part were gathered during the research, that covered, amongst other things, the established line of judicial decisions. The research material presented in the article has enabled substantiation of the theses put forward therein, as well as the formulation of proposals for the legislature.
Journal: Acta Iuris Stetinensis
- Issue Year: 2026
- Issue No: 59 (3)
- Page Range: 99-112
- Page Count: 14
- Language: Polish
