Uzupełnienie uzasadnienia wyroku sądu odwoławczego

Abstract

The article concerns the scope of application of Article 449a of the Code of Criminal Procedure (CCP) in cassation proceedings. In accordance with this provision, before delivering a judgment, the appellate court may return the case to the court of first instance for the purpose of drawing up a statement of reasons of the appealed judgment to the extent necessary to ensure a correct ruling in the case. The Author focuses on the evolution of the rules concerning drawing up a statement of reasons by the appellate court and possible limitations of their scope. The Author approves the opinion of the doctrine that Article 449a of the CCP allows only for supplementation of the original reasons of the first instance judgment with reference to another co-accused or another criminal act not covered by the original reasons prepared by the court. Consequently, under Article 449a of the CCP the case file cannot be returned to the first instance court with the request to improve the original justification of the judgment. The Author expresses the view that Article 449a of the CCP may also be applied in cassation proceedings. However, this provision cannot be used in order to repeal errors made by the president of the appellate court in the pre-cassation proceedings if such errors result in the lack of written reasons of the appellate judgment.