DC pole | Wartość | Język |
dc.contributor.author | Sychta, Katarzyna | - |
dc.date.accessioned | 2018-02-18T19:00:42Z | - |
dc.date.available | 2018-02-18T19:00:42Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | Problemy Prawa Karnego, T. 26 (2008), s. 9-82 | pl_PL |
dc.identifier.issn | 0208-5577 | - |
dc.identifier.uri | http://hdl.handle.net/20.500.12128/650 | - |
dc.description.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. | pl_PL |
dc.language.iso | pl | pl_PL |
dc.rights | Uznanie autorstwa-Użycie niekomercyjne-Bez utworów zależnych 3.0 Polska | * |
dc.rights.uri | http://creativecommons.org/licenses/by-nc-nd/3.0/pl/ | * |
dc.subject | Postępowanie cywilne | pl_PL |
dc.subject | Prawo karne procesowe | pl_PL |
dc.subject | Reformationis in peius | pl_PL |
dc.title | Funkcjonowanie zakazu "reformationis in peius" w związku z zaskarżeniem orzeczenia rozstrzygającego o roszczeniach cywilnych dochodzonych w postępowaniu karnym | pl_PL |
dc.type | info:eu-repo/semantics/article | pl_PL |
dc.relation.journal | Problemy Prawa Karnego | pl_PL |
Pojawia się w kolekcji: | Artykuły (WPiA)
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