Zakres kontroli dokonywanej przez Sąd Najwyższy przy rozpoznaniu skargi na wyrok kasatoryjny sądu odwoławczego

Abstract

The amendments to the Code of Criminal Procedure that came into force after 15 April 2016, created an extraordinary new appeal measure – complaint against an appellate court judgment. It is described in Chapter 55a of the Code. The complaint against an appellate court judgment can be filed to the Supreme Court if the appellate court reversing the judgment of the court of first instance refers the case for re-examination. According to Article 539a § 1 of the Code, the complaint may be filed due to a violation of Article 437 or due to any one of the infringements listed in Article 439 § 1. The article analyses the legal construction of the regulation, the condition of its application and the scope of the controls carried out by the Supreme Court to adjudicate on complaint against the appellate court judgment. The author draws particular attention to the kind of negligence of the court of appeal which should be taken into account by the Supreme Court. Besides, the article shows discrepancies arising between decisions of the Supreme Court on the points of law which justified the setting aside of the judgment and the referral back.