Monitor Prawniczy

no. 2/2020

Appeal and complaint in light of the amendment to the Code of Criminal Procedure

DOI: 10.32027/MOP.20.2.1
Dariusz Drajewicz
Autor jest sędzią, Wiceprezesem Sądu Okręgowego w Warszawie.
Abstract

The article discusses the changes with respect to the institution of appeal and complaint introduced in the criminal procedure by the amending act to the Code of Criminal Procedure of 19 July 2019. The author analyses the changes concerning: exclusion of the possibility to raise charges in an appeal which could be taken into account by a correction of a typing error or a supplementary decision (Art. 447 § 6), broadening the scope of prerequisites for a single judge bench deciding in private appeal cases (Art. 449 § 2), broadening the scope of supplementing the reasons for a judgment a quo at the request of an appellate court and introduction of the possibility to supplement the appeal filed by a party (Art. 449a § 1 and 3), broadening the scope of prerequisites for rejecting a motion for evidence (Art. 452 § 2), as well introduction of the possibility to waive oral report (Art. 453 § 1a). The author also notes and analysed the changes consisting in restricting the scope of the ne peius rule (Art. 454), introduction of the principle to draw the reasons for a judgment in a form (Art. 99a) and relating to the complaint procedure in course of the preparatory proceedings (Art. 330 § 2).