Reguły ne peius w procesie karnym – fakty i mity
Ne peius rules in criminal proceedings – facts and myths
Author(s): Radosław KoperSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: ne peius rules; defendant; right to defence; two-instance system
Summary/Abstract: The criminal procedure regulation of ne peius rules is an example of a regulation that yields quite extreme assessments. It cannot be denied that regardless of the obvious advantages of this measure, which imply the legal existence of these rules, their operation causes various shortcomings. In recent years, the scope of ne peius rules has been seriously limited as a result of various amendments. Some of these changes deserve credit. However, there are also those that raise doubts. Moreover, the conflicting views and positions expressed in both the literature and judicial decisions regarding the scope of ne peius prohibitions are noteworthy. It seems, therefore, that the indicated problem is worth analyzing in an attempt to determine the optimal scope of application of these rules.
Journal: Acta Iuris Stetinensis
- Issue Year: 2026
- Issue No: 57 (1)
- Page Range: 9-21
- Page Count: 13
- Language: Polish
