Z problematyki zakazu reformationis in peius

Abstract

The article concerns selected issues related to the prohibition of reformatio in pejus in Polish criminal proceedings. The author discusses the problem of the permissibility of deciding against the accused in the case of misidentification of procedural fault by the appellant, combined with the proper qualification of the fault, then the problem of changing the description of the alleged act. Analysing the first issue, the author states that such change shall always be treated as a breach of the prohibition on reformatio in pejus. In his comments relating to the second issue, the author discusses changing the description of the act of preparing to commit a crime or attempt to commit a crime. The author goes on to discuss the situation of changing the description of an intended crime by alternatively defining its objective features. Next, he discusses the change in form of complicity assigned to the accused. Finally, he tenders the conclusion, contrary to dominant doctrine and jurisprudence, that all of the cases analysed are similar and can be seen as breaching the prohibition on reformatio in pejus rule.