Monitor Prawniczy
no. 5/2019
Complaint against the judgment of an appellate court repealing the decision of the court of first instance and referring the case to be reconsidered
Autor jest doktorantem w Katedrze Postępowania Karnego KUL, aplikantem adwokackim Lubelskiej Izby Adwokackiej.
Abstract
The author analyses the resolution of the Supreme Court, I KZP 9/17, holding the view that the thesis of admissibility of appropriate application of the provisions of Chapter 55a of the Code of Criminal Proceedings in the disciplinary proceedings against legal councillors (and advocates) deserves approval. He also considers it right that exclusive jurisdiction of the Supreme Court to hear the complaint has been indicated. To support his position, the author analyses both the arguments presented in the resolution and also refers to the ratio legis and nature of the institution.
