Published: 2021-06-07

Evidential preclusion in the proceedings before the court of the second instance

Adrianna Wączek
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.3703

Abstract

The issue of evidential preclusion in an appellate instance is related to the presentation of the issue in the context of Art. 427 § 3 in connection with with art. 452 of the Code of Criminal Procedure The joint interpretation of the above-mentioned provisions allows to draw conclusions as to the actual scope of validity of the evidence exclusion in proceedings before the second instance court and its influence on the model of appeal proceedings. When interpreting Art. 427 § 3 of the Code of Criminal Procedure it should be noted that it contains normative formulations that require clarification from the theoretical and practical side. The meaning of "new" facts or evidence in terms of this provision should be specified on the basis of the interpretation rules resulting from Art. 452 of the Code of Criminal Procedure In the face of a joint interpretation of the provisions, it can be concluded that the "novelty" criterion is not met, the evidence for which it was possible to submit it to the court of first instance, which, by analogy, applies to "new facts". The above conclusions require clarification, from the positive side in terms of the preclusion of new facts or evidence, about the content of Art. 452 § 3 of the Code of Criminal Procedure, which introduces restrictions on one of the grounds for dismissing evidence motions in appeal proceedings.

Keywords:

evidential preclusion, evidence, fact, appeal procedure

Download files

Citation rules

Wączek, A. (2021). Evidential preclusion in the proceedings before the court of the second instance. The Opole Studies in Administration and Law, 19(1), 95–111. https://doi.org/10.25167/osap.3703
This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.