No obligation on the part of the Supreme Court to prepare a statement of reasons for its decision to dismiss a manifestly unfounded cassation appeal; the limited obligation to compensate any damage caused by manifestly unjustified detention pending trial SK 60/19
Ref. No. SK 60/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 22 July 2021
The Constitutional Tribunal, composed of:
Wojciech Sych – Presiding Judge
Leon Kieres – Judge Rapporteur
Jakub Stelina
Jarosław Wyrembak
Andrzej Zielonacki,
having considered, at a sitting in camera on 22 July 2021 – 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. of 2019, item 2393) – Mr M.K.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
(1) Article 535(3) in conjunction with Article 98(1) as well as with Article 100(6) of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. of 2016, item 1749, as amended) – insofar as it does not provide for the Supreme Court’s obligation to prepare a statement of reasons for the Supreme Court’s decision to dismiss a manifestly unfounded cassation appeal, concurrently with the lack of an obligation to deliver an oral statement of reasons – with Article 45(1), Article 2, Article 7 as well as Article 31(3) in conjunction with Article 31(1) of the Constitution,
(2) Article 552(4) of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. No. 89, item 555), in the version before amendments – insofar as it makes it possible to limit the scope of the obligation of the State Treasury to compensate any damage caused by manifestly unjustified detention pending trial to the direct consequences of the said detention – Article 41(5) as well as Article 77(1) in conjunction with Article 2, Article 7, Article 31(1) and (3), as well as in conjunction with Article 64(1)-(3) of the Constitution,
adjudicates as follows:
Article 535(3), first sentence, of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. of 2021, item 534, as amended) – insofar as it does not provide for the Supreme Court’s obligation to prepare a statement of reasons for the Supreme Court’s decision to dismiss a manifestly unfounded cassation appeal, issued at a hearing, when a party is not deprived of liberty – is consistent with Article 45(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Wojciech Sych
Leon Kieres
Jakub Stelina
Jarosław Wyrembak
Andrzej Zielonacki (dissenting opinion)