Problem modelu apelacji w sprawach karnych w II Rzeczypospolitej w ujęciu porównawczym : historia czy współczesność?

Abstract

Developing a system of appeals in court proceedings, both in criminal and civil cases, is a matter of particular interest for legal reformers, especially in times of political breakthroughs. Admission of a full appeal, its limitation, or lack stems from the structure of the judiciary. Among priority tasks of the Codification Commission of the Second Republic of Poland was designing a system of appeals that would serve best the re-established Polish state. This article highlights the commission’s deliberations during work on the first Polish code of penal proceedings and during its far-reaching amendments. It discusses the standpoints of opponents and supporters of maintaining appeals from district court rulings decided by a judicial panel. Those problems have not lost their relevance. Until this day changes in a criminal lawsuit primarily attempt to streamline and accelerate penal proceedings. Under changing conditions, the search continues for the correct and adequate proportions between the protection of the defendant’s rights and the value of discovering the truth, the need for protecting public safety, fighting increasing crime, and protecting the victim’s interests.