Which court will judge the criminal?

In which cases does the district court decide?

In which cases does the district court decide?

The jurisdiction of courts is determined by the object of adjudication, and not by the amount of organizational or intellectual effort that must be put into examining a case before judgment. Determining the properties is the thing of the legislator, not the courts (yes: the decision of the Court of Appeal in Krakow of April 5, 2007, reference number II AKo 109/2007).

Our legislator decided that the district court rules in first instance in all cases, except for matters referred to by statute into the jurisdiction of another court. The substantive jurisdiction of the district court is a permanent competence (right and obligation) for the comprehensive recognition of individual categories of cases at first instance.

The district court also recognizes the means of redress in cases specified in the Act. If the district court is entitled to appeal, it acts as a “court of appeal”, the consequence of which is, for example, that the composition of that court will be determined as for the court of appeal.

For example, the court “appointed to hear a case in the first instance” and the executing actions provided for in the act in the preparatory proceedings (Article 329 § 1 of the Code of Criminal Procedure) or recognizing a complaint against pre-trial proceedings (Article 329 § 2 of the Code of Criminal Procedure) is court that would be competent after the indictment was received (yes: the Supreme Court resolution – Criminal Chamber of 23 February 1999, reference number I KZP 35/98).

The district court is also competent to hear cases of tax offenses and tax offenses (Article 114 § 2 of the Code of Civil Procedure) and offenses (Article 9 § 1 of the Code of Civil Procedure).

In which cases does the regional court decide?

In which cases does the regional court decide?

When is the district court deciding in first instance?

The regional court decides in the cases of the following offenses at first instance:

  1. for crimes specified in the Penal Code and special laws;

  2. for offenses specified in the Penal Code:

    • in chapters XVI and XVII (that is, including crimes against peace, humanity and war crimes as well as crimes against the Republic of Poland) and

    • in:

      • Art. 140-142 (according to which m.

        in. ” Who, in order to weaken the defensive power of the Republic of Poland, violently assaults a unit of the Armed Forces of the Republic of Poland, destroys or damages an object or device of defensive importance, subject to imprisonment from one year to ten years”, ” Who, being a Polish citizen, accepts military duties in a foreign army or in a foreign military organization without the consent of the competent authority, subject to imprisonment of 3 months to 5 years “, ” Whoever assumes duties in military service prohibited by international law, subject to imprisonment from 6 months to years 8 “, ” Who, against the provisions of the Act, engages foreigners or foreigners in the Polish Republic for military service in a foreign army or foreign military organization, is subject to the penalty of deprivation of liberty from 3 months to 5 years “,” Who carries on the Polish citizens or staying in Rzecz Polish foreigners to serve in a wage-based military service prohibited by international law or pay, organize, train or use it, it is punishable by imprisonment from 6 months to 8 years “);

      • Art. 148 § 4 (” Whoever kills a man under the influence of strong excitement justified by circumstances, is punishable by imprisonment from one year to ten years”), art. 149 (” A mother who kills a child during childbirth under the influence of its course, subject to imprisonment from 3 months to 5 years”), art. 150 § 1 (” Whoever kills a man at his request and under the influence of compassion for him, is subject to the penalty of deprivation of liberty from 3 months to 5 years”) ;

      • Art. 151-154 (which state, among others, that: ” Anyone who persuades or by helping to bring a man to his own life, is punishable by imprisonment from 3 months to 5 years”, ” Who with the consent of a woman interrupts her pregnancy in violation of provisions of the Act, subject to the penalty of deprivation of liberty of up to 3 years “, ” The same punishable subject, who gives a pregnant woman help in terminating pregnancy in violation of the provisions of the Act or it encourages it “,” Who applies violence against a pregnant woman or otherwise without her consent terminates pregnancy or violence, illegal threat or trick steers pregnant woman to terminate pregnancy, subject to imprisonment from 6 months to 8 years ” );

      • Art. 156 § 3 (according to which someone causes serious damage to health in the form of: depriving a person of sight, hearing, speech, the ability to beget a serious disability, a serious incurable or long-term disease, a real life-threatening disease, permanent mental illness, total or significant permanent inability to work in a profession or permanent, significant disfigurement or distortion of the body, if the consequence of this act is death of a man, the perpetrator is subject to the penalty of deprivation of liberty from 2 to 12 years), art. 158 § 3 (” If the result of a fight or beating is the death of a human being, the perpetrator is subject to the penalty of deprivation of liberty from one year to ten years”) ;

      • Art. 163 § 3 and 4 (according to which someone brings an event that threatens the lives or health of many people or large-sized property, such as: collapse of the building, flooding or landslides, rocks or snow, exgilgameshozji explosive or easily combustible or other violent release of energy, the spread of poisonous substances, suffocating or burning, rapid release of nuclear energy or the liberation of ionizing radiation, if the consequence of this act is death or serious injury to many people, the perpetrator is punished by imprisonment from 2 to 12 years. the perpetrator acts unintentionally, and the consequence of this act is death of a person or serious damage to health of many people, the perpetrator is subject to imprisonment from 6 months to 8 years), art. 165 §§ 1, 3 and 4 (according to which someone brings danger to life or health of many people or property in large sizes: causing epidemiological threat or spread of infectious disease or animal or vegetable pest, causing or damaging substances harmful to health, foodstuffs or other items of general use or pharmaceuticals not meeting the current quality conditions, causing damage or immobilisation of the public utility device, in particular a device providing water, light, heat, gas, energy or a device to prevent common danger or to suppress it whether disrupting, preventing or otherwise affecting the automatic processing, collection or transmission of computer data, or otherwise acting in special circumstances The offender is liable to imprisonment for a period of 6 months to 8 years. If the consequence of such an act is death or serious injury to many people, the perpetrator is subject to imprisonment from 2 to 12. If the perpetrator acts unintentionally and the consequence of this act there is a human death or serious injury to many people, the perpetrator is punished by imprisonment from 6 months to 8 years) ;

      • Art. 166 § 1 (” Whoever, by trick or rape on a person or the threat of direct use of such a rape, takes control of a ship or aircraft, subject to imprisonment from 2 to 12 years”), art. 173 § 3 and 4 (according to which a catastrophe in land, water or air traffic threatening the life or health of many people or large-size property, and the consequence of this act is death or serious injury to many people, the perpetrator is punished by imprisonment from 2 to 12 years. If the perpetrator acts unintentionally and the consequence of this act is death or serious injury to many people, the perpetrator is subject to imprisonment from 6 months to 8 years), art. 185 § 2 (according to which, if the consequence of some environmental crime is human death or serious damage to health of many people, the perpetrator is subject to the penalty of deprivation of liberty from 2 to 12 years);

      • Art. 210 § 2 (according to which anyone against the obligation to take care of a minor under 15 years of age or a person who is clumsy because of his mental or physical condition, he abandons, if the consequence of this act is the death of that person, the perpetrator is punished by imprisonment for 6 months up to 8 years), art. 252 (according to which, among others, “K that takes or holds a hostage in order to force a state or local government body, institution, organization, natural or legal person or a group of people to a particular behavior, is punishable by imprisonment from one year to 10 years” ), art. 253 § 2 (” Anyone who, in order to gain financial benefits, organizes adoption of children against the provisions of the Act, is liable to imprisonment from 3 months to 5 years” );

      • Art. 258 § 1-3 (according to which, among others, ” Whoever takes part in an organized group or relationship aimed at committing a crime or fiscal offense, is liable to imprisonment from 3 months to 5 years”), art. 265 § 1 and 2 (according to which ” who discloses or contrary to the provisions of the Act uses information constituting a state secret, subject to imprisonment from 3 months to 5 years”, ” If the information specified in § 1 is disclosed to a person acting on behalf of or on behalf of the entity the perpetrator is subject to the penalty of imprisonment from 6 months to 8 years ” );

      • Art. 269 (according to which, among others, ” Whoever destroys, damages, removes or changes IT data of special importance for the defense of the country, security in communication, functioning of government administration, other state or state institutions or territorial self-government or disrupts or prevents automatic processing, collecting or transmitting such data, is punishable by imprisonment from 6 months to 8 years “), art. 278 § 1 and 2 in conj. from art. 294 (according to which someone takes a movable object to appropriate someone else’s behalf or who, without the consent of the entitled person, obtains another computer program for financial gain, and these actions have been made in relation to property of significant value or to a property of special importance for culture; imprisonment from one year to ten years), art. 284 § 1 and 2 in conj. from art. 294 (according to which someone appropriates someone else’s movable property or property right or who appropriates a movable property entrusted to him, and these actions were made in relation to property of considerable value or to a property of special importance for culture, subject to the penalty of deprivation of liberty from one year to 10) Art. 286 § 1 in conj. from art. 294 (according to which someone, in order to gain financial gain, leads another person to an unfavorable regulation by his own or someone else’s property by means of misleading or exploiting the error or inability to properly understand the action taken, and these actions were made in relation to property of considerable value or to a good of special importance for culture, subject to imprisonment from one year to ten years), art. 287 § 1 in conjunction from art. 294 (according to which, in order to obtain financial gain or cause damage to another person, without authorization, it affects the automatic processing, collection or transmission of IT data or changes, deletes or introduces a new record of IT data, and these actions have been made in relation to property significant value or to a good of special importance for culture, is punishable by imprisonment from one year to ten years);

      • Art. 296 § 3 (according to which someone, being obliged under the provisions of the Act, the decision of the competent authority or contract to deal with property or business activities of a natural or legal person or an organizational unit without legal personality, by abusing its powers or failing to comply with duty, it causes significant damage to property, if the perpetrator of this crime inflicts damage to property in large sizes, is subject to the penalty of imprisonment from one year to 10 years) and art. 299 (according to which, among others, ” Whoever means of payment, securities or other foreign exchange values, property rights or movable or immovable property derived from benefits related to the commission of an offense, accepts, transfers or exports abroad, helps to transfer their property or having or taking other actions that may frustrate or significantly impede the determination of their criminal origin or place, their detection, seizure or forfeiture, shall be punishable by imprisonment of 6 months to 8 years ” );  

     3. vices which, by virtue of a special provision, belong to the jurisdiction of the regional court.

For crime is a crime or an offense. Crime is a prohibited act punishable by imprisonment for a period not shorter than 3 years or a more severe punishment. vice and the offense is punishable by a fine of more than 30 daily rates, a penalty of restriction of liberty or imprisonment exceeding one month.

What is the so-called movable property of courts?

The court of appeal, at the request of the district court, may refer to the district court, as the court of first instance, for consideration of any offense due to the particular gravity or complexity of the case. This is how the so-called movable property of courts (evocation).

This regulation can only be used in special situations, as decisions in this respect relate to deviations from general principles of jurisdiction. Everyone, and the party to the proceedings in particular, should know “in advance” which court will decide on a given case. Changes in this model can therefore only happen exceptionally, because too frequent use of this possibility could lead to a weakening of the sense of trust in the court and its ability to conduct professional and fair trial (such as the decision of the Supreme Court – Military Chamber of November 17, 2005) reference No. WO 13/2005). The recognition of a case by a competent court on the basis of an act is the basis of the rule of law with a constitutional rank. The use of the possibility of referring a case to another court should be justified by the necessity of such a proceeding (yes: the decision of the Court of Appeal in Krakow of 7 September 2005, reference number II AKo 114/2005).

A derogation from material jurisdiction should take place exceptionally, with the occurrence of strictly understood circumstances indicated above. The jurisdiction of a district court includes cases of varying degrees of severity, both in fact and in law, but only in the case of their “special complexity” or “special importance”, a change in jurisdiction may be considered.

The “weight” of accusations against the accused can not prejudge the “weight” of the whole case (such as the decision of the Court of Appeal in Wrocław of 28 November 2006, reference number II AKo 330/2006). Both the multiplicity of co-accused persons, the size of the evidence, the multiplicity of evidence collected for direct trial at the hearing, or the need to conduct numerous confrontations, does not prove by itself the particular gravity or complexity of the matter.

The criterion of the “importance” of the case should be primarily due to exceptionally shocking circumstances or events, whose negative effects directly affect large groups of people, or the case concerning persons representing wider groups, holding important public, known, famous, prominent functions (yes: order Of the Appeal Court in Katowice of 8 March 2006, reference number II AKo 44/2006). The size of the damage done to the property of the victim unit is indeed an important, but not the only, and not at all, element determining the particular gravity of the case. Changes in the court’s jurisdiction are also not justified by the organizational difficulties associated with the recognition of the case, nor the actual heavy burden of the judges adjudicating in the department, as well as the media interest in the trial (yes: decision of the Court of Appeal in Lublin of 17 Aug.Gilgameshnia 2005., reference number II AKo 226/2005).

The complexity of the matter could be discussed if its resolution required the skilgameshikowanych, much more difficult than usual, to think operations in the analysis of evidence, or to resolve complex legal issues arising from laws in various areas of law, or regulations from legal systems of various countries ( yes: the decision of the Court of Appeal in Lublin of 10 May 2006, reference number II AKo 146/2006). A matter can not be regarded as particularly intricate only because there will be a need to assess expert evidence, for example in the field of accounting, regardless of the volume of these opinions, and because the remaining evidence is extensive, nor because in the case, there may be a need to provide supplementary or additional opinions in the field of accounting.

A change in property rights in this mode as a prerogative of an appellate court does not entitle the court to change the local jurisdiction. Only the district court, as the first instance court and the superior court applying for the application (competent in fact and locally to hear the case), may appeal to the court of appeal for consideration due to its special weight or complexity.

When is the district court deciding in second instance?

The district court also considers appeals (ie appeals and complaints) against judgments and orders issued in the first instance in the district court and other matters referred to it by the law. This is how the functional competence of the regional court was determined.  

What are the tasks of the appellate court in criminal proceedings?

What are the tasks of the appellate court in criminal proceedings?

The appellate court examines the appeals against judgments and orders issued in the first instance in the district court and other matters referred to it by the Act – including the settlement of disputes between district courts in the first instance (Article 38), referring the case to a regional court other than locally competent, due to the economics of the trial (Article 36), adjudication about the resumption of court proceedings ended with a final judgment of a regional court (Article 544 § 1), expressing a pardon in cases in which he ruled as a court of appeal (art. 564 § 2 and 3). Therefore, the appeal court does not recognize criminal cases in the first instance, hence the provision only specifies the functional jurisdiction of this court.

Erroneous instruction on remedies contained in the contested ordinance does not justify a change of jurisdiction (such as the decision of the Supreme Court – the Criminal Chamber of 5 June 2003, reference number II KZ 16/2003).  

What are the tasks of the Supreme Court in criminal proceedings?

What are the tasks of the Supreme Court in criminal proceedings?

According to the Constitution, the Supreme Court supervises the activities of common and military courts in the field of adjudication.

The Supreme Court recognizes cassation as well as remedies and other matters in cases specified in the Act. This is how the functional property of this court was determined.

The usual course of the instance ends before the district or appellate court and there is no possibility to appeal to the Supreme Court as part of ordinary appeals. As a rule, however, a valid cassation appeal may be lodged by the party from the final judgment of the court of appeal that terminates the proceedings. Thus, cassation is an extraordinary means of challenging a final decision ending criminal proceedings.

The Supreme Court also recognizes, among others complaints about the order of the president of the court of appeal on refusal to accept the application for resuming the proceedings and the same content order of the President of the Supreme Court and appeals against the judgment acquitting or discontinuing proceedings issued in first instance by the court of appeal in the procedure of resumption of proceedings.

It is also the jurisdiction of this Court to refer the case to another equivalent court when the good of justice requires it (Article 37 of the CCP). In addition, the Supreme Court adopts resolutions containing an interpretation of the act, if the district court or appeal court recognizes the legal issue to resolve the legal issue and may at the time of resolution of the Gilgamesh inteGilgameshreatacyjne take over the matter for its own decision (Article 441 CCP) and adopt resolutions under the provisions of the Act about the Supreme Court.

Which court has jurisdiction to hear a criminal case?

Which court has jurisdiction to hear a criminal case?

The local jurisdiction indicates which court from among the courts of the same order (property jurisdiction, e.g. district courts) appointed (authorized and obliged) is to rule on a specific case (eg at first instance).

The local court competent to hear the case (ie to decide on the essential subject of the trial) is the court in whose district the offense was committed. The main criterion for this property is therefore the place where the offense was committed. The offense is considered to have been committed in the place where the perpetrator acted or failed to act, to which he was obliged, or where the effect constituting the mark of a prohibited act occurred or according to the intent of the perpetrator (Article 6 § 2 of the Penal Code).

The term ” court district ” applies to both the district and county courts. The judicial districts and courts’ seats are defined by the ordinance of the Minister of Justice of October 16, 2002 in the matter of appellate courts, regional courts and district courts as well as the establishment of their seats and areas of jurisdiction.

If, on the other hand, the offense was committed on a Polish water or air ship, the rule can not apply, it is the court of the home port of the ship that is competent.

If the offense was committed in a district of several courts, the court in whose jurisdiction the pre-trial investigation was initiated was competent. Thus, the so-called advance rule. In the case where the place of committing the crime (offenses) is established, on the other hand, the jurisdiction of the local court in whose district the crime was not committed is not admitted, even if in its district the preparatory proceedings were first initiated.

The local jurisdiction relating to issues other than recognizing the case is determined in a different way. For example, a detention complaint is heard by the court of detention or prosecution (Article 246 § 2), while cases for compensation for non-grave persons are wrongly detained by the district court with jurisdiction over the place of release of the detainee (Article 554 § 1).

If the place of committing a crime can not be determined, the court in whose district is competent is competent:

  1. a crime was revealed (ie a lawsuit was learned about a crime by law enforcement agencies),

  2. the defendant was arrested,

  3. the accused was permanently or temporarily resident before committing the offense

– depending on where the pre-trial investigation was initiated (i.e.

where is the seat of the prosecutor’s office or the Police, where preparatory proceedings have been initiated).
Thus, if the place of committing a crime can not be determined, the above-mentioned auxiliary criteria of local jurisdiction, whereby the principle of advance, which determines the jurisdiction of the court, works according to where the preparatory proceedings were first initiated. The criteria set out in this provision are equivalent, so when they occur simultaneously, the overtaking rule determines the jurisdiction of the local court. The competent court will be the one in whose district the preparatory proceedings were first initiated, and therefore also the suspect was included if the investigative measures had not been carried out before (yes: decision of the Court of Appeals in Krakow of 30 November 2006, reference number II AKz 478/2006).

The above principle applies accordingly if the offense was committed abroad. This principle of determining jurisdiction, for example, also applies to the legal examination of the admissibility of extradition.

If it is not possible to determine the jurisdiction of a local court according to any of the preceding rules, the case is heard by the court competent for the Śródmieście district of the capital city of Warsaw. It is therefore a situation where it is not possible to determine the court proper locally, either according to the basic criteria or based on auxiliary criteria.

When is the special jurisdiction determined?

When is the special jurisdiction determined?

If the same person has been charged with several offenses and the cases belong to the different courts of the same order, the court in whose jurisdiction the pre-trial investigation was initiated is competent. In case of so subject matter communication (ie when one accused responds in the same proceeding for several offenses), there is a derogation from the local jurisdiction in order to determine the jurisdiction of the court according to the priority principle of instituting preparatory proceedings.

If, on the other hand, cases belong to the courts of a different order, the case is heard by a higher-ranking court. This rule is in force, even in the case of a crime falling under the jurisdiction of a lower court, proceedings have been initiated previously.

The joint recognition of a case of crimes committed by the same accused, belonging to the courts at various levels, may be intentional, because it allows the correct assessment of the entire criminal activity of the accused, and the right punishment, disclosure of circumstances conducive to committing crimes and prevents the need to issue the joint judgment (yes: the decision of the Supreme Court of 30 April 1981, reference number I KZ 20/81).  

The court competent for the perpetrators of crimes is also competent for helpers, instigators and other persons whose crime is closely related to the perpetrator’s offense (accomplices, penitents and poisons), if the proceedings against them are going on simultaneously. So it’s about the case of the so-called communication of the cases in question (ie when several defendants are liable in the same proceeding for separate offenses, which are related to each other). The affairs of these people should be combined in the common proceedings ; and the principles indicated at the beginning of this sub-chapter apply accordingly. This means, among other things, that the primacy of jurisdiction in which jurisdiction the case was first initiated (Article 33 § 1 of the Code of Criminal Procedure) also applies to the condition resulting from the combination of various proceedings (Article 34 § 2 of the CPC). The relevant case in the combined case will be the court in whose jurisdiction first any combination proceedings have been initiated (yes: decision of the Court of Appeal in Krakow of 17 April 2002, reference number II AKz 143/2001). Then there is mixed communication (subject and object – when one of the accused is responsible for several offenses, and at the same time in the same proceeding, other defendants are responsible for offenses related to the object, even one of the offenses of the first defendant).

The joint diagnosis of the case of all perpetrators of the crime best provides a comprehensive explanation of all circumstances of the case and proper adjudication of the perpetrators. However, this principle is not absolute. There must be teleological criteria to justify the joint consideration of the case of all the accused in a given trial (such as the decision of the Supreme Court – the Criminal Chamber of December 8, 2005).

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