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The lack of the possibility of an appellate review in the case of an order by the president of the competent court on the lack of a conflict of interests where several suspects are represented by the same defence counsel SK 53/20

Ref. No. SK 53/20

JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND

Warsaw, 27 April 2022

The Constitutional Tribunal, composed of:

Andrzej Zielonacki – Presiding Judge
Justyn Piskorski
Piotr Pszczółkowski – Judge Rapporteur
Jakub Stelina
Jarosław Wyrembak,

having considered, at a sitting in camera on 27 April 2022 – 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 K.Ś.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:

Article 85(2) in conjunction with Article 85(3) of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. No. 89, item 555, as amended) – insofar as it does not provide for the possibility of filing an appeal against an order by the president of the circuit court where the court held that the interests of several suspects represented by the same defence counsel are not in conflict – with Article 32(1) in conjunction with Article 78, Article 42(2), Article 78 in conjunction with Article 176(1), Article 45(1) in conjunction with Article 77(2) of the Constitution,

adjudicates as follows:

Article 85(2) in conjunction with Article 85(3) 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 possibility of filing an appeal against an order by the president of the competent court where the court held that the interests of several suspects represented by the same defence counsel are not in conflict – are inconsistent with Article 42(2) in conjunction with Article 78 and Article 32(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.

Andrzej Zielonacki
Justyn Piskorski
(dissenting opinion)
Piotr Pszczółkowski
Jakub Stelina
Jarosław Wyrembak