Complaint against the judgement of the Court of Appeal as a new extraordinary remedy in the criminal procedure

Abstract

As stipulated by the Act of 11 March 2016, the chapter 55a – 'Complaint against the judgement of the Court of Appeal' has been added to the Code of Criminal Procedure. A new remedy was included in the section XI – Extraordinary Remedies. In view of Art. 539A § 1 of the Code of Criminal Procedure, complaints will be recognized by the Supreme Court. The aim of a new institution, based on the solutions of civil procedure, is to prevent unjust overruling of the judgements of the Court of First Instance which result in the transfer of the case to reconsideration. The author has doubts whether this institution will find its place in Polish criminal procedure. It will certainly lengthen the proceedings and the waiting period for legal validity of the judgement.