Application for the preparation of the judgment of the course of the court and instance with regard to changes of the Criminal Code Cover Image

Wniosek o sporządzenie uzasadnienia wyroku sądu I instancji na tle zmian kodeksu postępowania karnego
Application for the preparation of the judgment of the course of the court and instance with regard to changes of the Criminal Code

Author(s): Krystyna J. Szczechowicz
Subject(s): Criminal Law, Evaluation research, Court case
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: application for justification of the sentence; appeal; scope of appealing; validity of the judgment;

Summary/Abstract: The author discusses the problems of linking the application for the justification of the judgment with the scope of its appeal against the background of amendments to the Code of Criminal Procedure. The request to prepare in writing and to provide the justification of the judgment is of particular importance in the criminal trial, it opens the way to appeal against the decision. Changes in the regulation, in particular the wording of art. 422 § 2 k.p.k. cause that this activity is even more important to shape the boundaries of the case in the appeal instance than the previous one. Submission of an application for justification of the judgment partly gives the court the power to limit the scope of justification.

  • Issue Year: 2018
  • Issue No: 42
  • Page Range: 239-247
  • Page Count: 9
  • Language: Polish