Kontrola odwoławcza nieprawomocnego wyroku sądu pierwszej instancji jako gwarancja zasady prawdy materialnej

Abstract

The paper presents the problem of appeal control of an invalid decision by a court of first instance as the guarantee of the principle of truth. The principle of truth is the guiding principle of criminal procedure, which means that the issue of guarantees is of paramount importance. In this paper such guarantees are understood as those institutions which serve the principle in practice. The main issues presented include the rights of the courts in appeal proceedings, possible judicial decisions and evidence proceedings in the appeal process. The paper discusses appeal proceedings based on art. 438 p.3 of the Polish Code of Criminal Procedure (Dz.U.2016.1749). Considerations expressed in the paper result from the examination of cases brought before Łódź Regional Court and Piotrków Trybunalski Regional Court. The author analyses the guarantee of the principle of truth in terms of changes made to the law and detailed examination of related case files.