Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive and Procedural Criminal Law in 2023

Abstract

The article is of a scientific and research nature, and analyses the resolutions and decisions of the Supreme Court Criminal Chamber related to procedural criminal law, which were issued in 2023, as a result of the examination of the so-called legal questions. The subject of the considerations are: the principle of complaints (Art. 14 of the Code of Criminal Procedure), the concept of “case” (Art. 40 and Art. 41 § 1 of the Code of Criminal Procedure), preparation of the justification of a judgment (Art. 423 § 1 of the Code of Criminal Procedure), referral of a legal issue for resolution to the Supreme Court (Art. 441 § 1 of the Code of Criminal Procedure), awarding the costs of the proceedings (Art. 626 § 2 of the Code of Criminal Procedure), “change of the place of service of a judge” (Art. 47b § 4 of the Act on the System of Common Courts), presentation by the Supreme Court of a legal issue to a panel of chambers for resolution (Art. 82 § 1 of the Act on the Supreme Court), application for the Supreme Court to adjudicate on discrepancies in the interpretation of the law (Art. 83 § 2 of the Act on the Supreme Court), meaning of the phrase “the provisions in force to date shall apply” (Art. 4 sec. 1 of the amendment to the Code of Criminal Procedure of 30 August 2013), composition of the court of appeal (Article 14fa section 1 of the Act of March 2, 2020).