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Title: Funkcjonowanie zakazu "reformationis in peius" w związku z zaskarżeniem orzeczenia rozstrzygającego o roszczeniach cywilnych dochodzonych w postępowaniu karnym
Authors: Sychta, Katarzyna
Keywords: Postępowanie cywilne; Prawo karne procesowe; Reformationis in peius
Issue Date: 2008
Citation: Problemy Prawa Karnego, T. 26 (2008), s. 9-82
Abstract: The aim of the publication is a complex analysis of the problem of the functioning of the reformationis in peius prohibition, i.e. the prohibition of worsening the trial position of one subject referring to the adjudication released in penal-trial course of damage and harm compensation. The compensation system realized in the course of the penal trial consists in the claims investigated in the adhesive proceeding leading to gaining compensation making up for the crime-generated damages, as well as due to the title of the mistake of the law enforcement bodies and the judiciary, made in the cases of crimes, offences or in the course of the proceeding in the context of penal liability of the opposition activists. The subject scope of the reformationis in peius penal-trial prohibition was resigning from the attempt to specify the adjudication, the complaints of which cannot be increased in the enriched course of the trial. Thus, the consequence of penal-trial limits is also the prohibition of the increase of the nuisance threatening the defendant resulting from the adjudication of the issue of civil liability. The subject scope of penal-trial barriers restricting the freedom of a factual adjudication protects only the accused, in danger of the use of penal and civil consequences of the offensive behaviour. However, the regulations standardizing the adhesive proceeding, comprise a clause allowing for the use of civil-trial procedural regulations when there are no appropriate norms in the penal procedure. As a result, a civil plaintiff demanding in the penal proceeding the compensation for crime generated damages, will be covered by a penal-trial mechanism blocking an unlimited possibility of reforming the appeal adjudication. The prohibition of worsening the trial position of the person appealing from the adjudication adjudicating in the adhesive proceeding remains up-to-date also when the trial in the subject of the penal liability finished in a way excluding the penal-trial protection of the accused appealing to the court. According to the art. 434 of the act 3 and 443 of the penal code, the possibility of changing the direction of appeal profitable to the accused happens when he/she was leniently punished in view of his/her cooperation with the law enforcemen bodies or the questioned adjudication was released as a result of a consensus agreement with the judiciary. The protective system will work also when the abrogations concerning the compensation benefits, and penal-trial motives of the proceeding are given to the appropriate civil court. The subject demanding the compensation of damages caused as a result of a defective functioning of the law enforcement bodies and the judiciary has a status of an autonomous side of the penal-trial compensation proceeding. Prima facie, should not make use of the preventive measures reserved for a typical passive side of the penal trial. The function of barriers eliminating the freedom of a factual reformation of the adjudication in the subject of the compensation benefits is the protection of the accused from the escalation of the actually performed repressions beyond the part that is objectively owed. Because this motive of the introduction of the preventive system is coterminous with the intentions accompanying the standardization of the reformationis in peius prohibition, the one demanding the compensation on account of the mistakes made by the law enforcement bodies, will also be protected by the system of protections defined in the penal procedure. The prohibition of worsening the trial position of one subject questioning the first instance adjudication will protect the sides of the adhesive and compensation proceeding also from the increase of civil- legal complaints negotiated by them in the formal agreement. The same system of measures entitled to the aggrieved protecting the one from the worsening of the trial position involves also those subjects who, as a result of inertia of the one suffering from damages, social interest in getting financial compensation or as a result of the death of the aggrieved, are given the status of the follower or substitute of the person originally given the right.
ISSN: 0208-5577
Appears in Collections:Artykuły (WPiA)

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