GLOSA DO POSTANOWIENIA SĄDU NAJWYŻSZEGO Z 5 CZERWCA 2012 R. IV KK 22/12, OSNKW 2012, Z. 11, POZ. 115
COMMENTARY TO THE SUPREME COURT DECISION OF 5 JUNE 2012, FILE REF. NO. IV KK 22/12 CONCERNS JOINT PUNISHMENT IN COURT OF APPEAL IN CRIMINAL CASES
Author(s): Monika Klejnowska Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: joint punishment; court of appeal; reformatio in peius
Summary/Abstract: The author approves the reasoning in the judgment commented on, at the same time finding it interesting as it touches upon the issue very frequently faced by jurisprudence. This commentary, essentially is a show to attempt what should be mete out a punishment in court of appeal, especially in a case so called joint punishment. One of the most important limitation that appears after lodging an appeal to the criminal court is connected with reformatio in peius. The court of appeal should respects this limitation. But the meting out a punishment never should be automatic. The court of appeal must comply with a rules of criminal code.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2014
- Issue No: 14
- Page Range: 199-211
- Page Count: 13
- Language: Polish