Monitor Prawniczy

no. 19/2019

General provisions of appellate proceedings in light of the amendment to the Code of Criminal Procedure

DOI: 10.32027/MOP.19.19.2
Dariusz Drajewicz
Autor jest sędzią, Wiceprezesem SO w Warszawie.
Abstract

The author discusses changes in the criminal proceedings introduced by the amendment to the Code of Criminal Procedure of 19 July 2019. The article analyses the new norms with respect to the general provisions regulating the stage of appellate proceedings. It discusses changes concerning challengeability of the decision to suspend the proceedings issued for the first time by the appellate court, the number of judges on the bench in cases for imposition of a penalty for a breach of order or concerning the costs of the proceedings, as well as those on restricting the scope of appeal with respect to failing to take evidence ex officio. The article also notes and analyses changes specifying the grounds for appeal concerning infringement of substantive law, specifying the scope of recommendation of the appellate court in a situation when the case has been referred back for reconsidering, as well as specifying the rules and procedure for challenging the reasoning of judgments.