Abstract

Despite the existence of the principle of judicial independence in Polish criminal proceedings, according to which the criminal court independently decides factual and legal issues, and is not bound by a decision of another court or authority, the legislator provided for exceptions. The court in criminal proceedings is bound by legally valid court decisions that shape the law or legal relationship. Therefore, despite the differences existing between criminal proceedings and civil proceedings, the fact that judgments issued in the course of civil proceedings affect the pending criminal proceedings should not remain indifferent. Such a decision will have an impact on the shape of these proceedings and the decisions taken by the criminal court. An example is the decisions of civil courts which have an impact on the judgments of criminal courts issued in relation to the offense of maintenance evasion. On their example, it will be shown to what extent the court is limited in its independence when deciding in criminal proceedings.