ORZEKANIE W PRZEDMIOCIE SKARGI ODWOŁAWCZEJ KWESTIONUJĄCEJ WYŁĄCZNIE UZASADNIENIE ORZECZENIA W SPRAWIE KARNEJ
ADJUDICATION IN CASES OF APPEALS CHALLENGING EXCLUSIVELY JUSTIFICATION OF A DECISION IN A CRIMINAL CASE

Summary/Abstract: The article touches upon a possibility of appealing justification of a decision in a criminal case. The Code of Criminal Proceedings does not provide for a separate procedure of adjudicating in case of an appeal questioning exclusively justification of a decision. Independent questioning of a judgment justification is possible within the ordinary appealing means, such as an appeal and a complaint. In such a case proceedings of a court of appeal follows the same rules as in the case of a complaint challenging the content of a judgment. However there appears a certain doubt if all those legal provisions are always possible to be used directly when the complaint questions exclusively justification. The only provision referring adjudication stage in an appeal proceedings in case of a complaint questioning purely justification is art. 437 § 1 sentence 2. Such an insufficient legal regulation conduces controversies and doubts connected mainly with the objections which could be risen in an appeal questioning exclusively justification as well as with the kinds of judgment used by an appeal court in its adjudication.

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