Keywords
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 2022,
as a result of the examination of the so-called legal questions. The subject of the considerations
are: lack of the required authorization to prosecute (article 17 § 1 point 10 of the Code of Criminal
Procedure), the composition of the court of appeal at the hearing (article 29 § 1 CCP), dispute over
the jurisdiction of the court (article 38 § 1 CCP), consequences of failure to announce the judgment
issued at the main hearing (article 418 § 1CCP), participation in the composition of the court of
a judge appointed at the request of the National Council of the Judiciary after the changes of 2017
(article 439 § 1 point 2 CCP), the method of determining the duration of a judge’s delegation to
another court and the procedural consequences of its violation (article 77 § 1 point 1 CCP), the
effects of the absence of a mandatory defence attorney at the hearing (article 439 § 1 point 10 CCP),
requirements for resolving legal issues by the Supreme Court (article 441 § 1CCP), composition of
the appeal court (article 449 § 2 CCP), authority competent to issue the European Investigation
Order (article 589w § 1 and 5CCP), compensation and redress in connection with judgments
and decisions on internment issued during martial law (article 8 section 1 of the act dated as
of February 23, 1991), resolution by the Supreme Court of discrepancies in the interpretation of
law (article 83 § 1 of the Supreme Court Act), recognition of funds in a blocked bank account as
material evidence (article 86 (13) of act dated as of March 1, 2018) and participation in criminal
court proceedings of the state commission for investigating cases of activities directed against
sexual freedom (article 25 point 2 of the act dated as of August 30, 2019).