The Criminal Procedure Code K 8/17
Ref. No.
K 8/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 26 June 2019
The Constitutional Tribunal, composed of:
Michał Warciński – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski – Judge Rapporteur
Julia Przyłębska
Wojciech Sych,
having considered, at a sitting in camera on 26 June 2019 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072, as amended) – an application lodged by the Public Prosecutor-General with the Tribunal for it to consider the conformity of:
1) Article 523(3) of the Criminal Procedure Code of 6 June 1997 (Journal of laws – Dz. U. of 2016 item 1749, as amended) – insofar as it provides for the possibility of filing a cassation appeal, to the detriment of an accused person, in the event that proceedings are discontinued due to the Polish President’s act of pardon,
2) Article 521(1) of the Act referred to in point 1 – insofar as it provides for the possibility of filing a cassation appeal, to the detriment of an accused person, against any legally effective court ruling in the situation where the cassation appeal challenges the appropriateness of the application of the act of pardon by the President of Poland,
3) Article 529 of the Act referred to in point 1, construed in the way that the filing and examining of a cassation appeal is admissible, to the detriment of an accused person, where the cassation appeal challenges the appropriateness of the application of the act of pardon by the President of Poland
– to Article 139, first sentence, in conjunction with Article 7 and Article 10 of the Constitution of the Republic,
adjudicates as follows:
1) Article 523(3) of the Criminal Procedure Code of 6 June 1997 (Journal of laws – Dz. U. of 2016 item 1749, as amended) – insofar as it provides for the possibility of filing a cassation appeal, to the detriment of an accused person, in the event that proceedings are discontinued due to the Polish President’s act of pardon,
2) Article 521(1) of the Act referred to in point 1 – insofar as it provides for the possibility of filing a cassation appeal, to the detriment of an accused person, against any legally effective court ruling in the situation where the cassation appeal challenges the appropriateness of the application of the act of pardon by the President of Poland,
3) Article 529 of the Act referred to in point 1, construed in the way that the filing and examining of a cassation appeal is admissible, to the detriment of an accused person, where the cassation appeal challenges the appropriateness of the application of the act of pardon by the President of Poland
– are inconsistent with Article 139, first sentence, in conjunction with Article 10 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072 as well as of 2019, item 125), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Michał Warciński
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Julia Przyłębska
Wojciech Sych