Published: 2024-12-24

Referral of a case to another court of the same level in the interest of the administration of justice in light of the July 7, 2022 amendments to the Polish Code of Criminal Procedure

Konrad Kwiecień
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.4.03

Abstract

The subject of this article is an analysis of the new wording of the regulation of the Polish Supreme Court’s transfer of a case to another court of the same level in the interest of the administration of justice, as described in Article 37 of k.p.k. (the Polish Code of Criminal Procedure). On the grounds of this provision the legislator decided to expand the number of entities which have the possibility to initiate the procedure described in Article 37. This is because now, in addition to the court with jurisdiction to hear the case, such authority is also vested in the prosecutor, who may file an appropriate application. However, none of the other parties to the proceedings except the prosecutor, have been given a similar power. The aim of this article is to argue that there were no substantive grounds for the amendment, which has given rise to a number of doubts relating mainly to the infringement of the principle of equality of the parties to the proceedings.

Keywords:

court jurisdiction, amendment of criminal law, prosecutor

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Citation rules

Kwiecień, K. (2024). Referral of a case to another court of the same level in the interest of the administration of justice in light of the July 7, 2022 amendments to the Polish Code of Criminal Procedure. Zeszyty Prawnicze, 24(4), 49–65. https://doi.org/10.21697/zp.2024.24.4.03

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