Gloss on the judgment of the Supreme Court of June 20, 2023, I KS 15/23

Abstract

This study focuses on the issue of evidentiary proceedings before the appellate court in the Polish criminal procedure. As a result of the considerations carried out, the author expresses approval of the position of the Supreme Court, in the light of which the appellate court, in the event of finding specific content deficiencies in part of personal and non-personal evidence, is not only authorized, but also obliged to conduct evidentiary proceedings autonomously. The provision of Article 452 of the Code of Criminal Procedure is the fundamental criterion for assessing the validity of the view expressed in this way. The application of the historical method in the process of its interpretation means that the circumstance of repealing the first editorial unit of Article 452 of the Code of Criminal Procedure, in the light of which “the appellate court may not conduct evidentiary proceedings as to the substance of the case”, influenced the establishment of the principle of conducting evidence as to the substance of the case by the appellate court in this way. The argumentation in this respect is enriched by the joint interpretation of Article 427 § 3 of the Code of Criminal Procedure in connection with Article 452 § 2 and 3 of the Code of Criminal Procedure.