Nienależyta obsada sądu jako przesłanka uchylenia orzeczenia

Abstract

The article concerns the question of improper composition of the court in Polish criminal proceedings as grounds for quashing the judgment and returning the case to the first instance court for reconsideration. It comprises the analysis of the delegation of a judge to exercise his/her duties in another court. In particular, the analyses focus on the regulatory framework for proper delegation of a judge to another court and the validity of such delegation. Special attention is paid to the validation of delegation documents improperly issued for the judge in the course of pending criminal proceedings. Separate considerations concern the notion of the so-called “additional judge” and “additional juror” as well as a judge appointed to the panel as a “replacement judge”.