Open AccessRULE OF DIRECTNESS IN APPEAL PROCEEDINGS IN VIEW OF ARTICLE 452 OF THE CODE OF CRIMINAL PROCEEDINGS FROM A HISTORICAL PERSPECTIVE
Author(s) -
Adrianna Wączek
Publication year - 2019
Publication title -
probacja
Language(s) - English
Resource type - Journals
eISSN - 2719-311X
pISSN - 1689-6122
DOI - 10.5604/01.3001.0013.6114
Subject(s) - appeal , scope (computer science) , perspective (graphical) , interpretation (philosophy) , code (set theory) , political science , law , computer science , control (management) , law and economics , sociology , artificial intelligence , programming language , set (abstract data type)
The rule of directness is classifi ed under the so-called non-codifi ed rules. This means that decoding the content of that rule is possible based on the interpretation of the relevant group of regulations. Article 452 of the Code of Criminal Proceedings constitutes a fundamental provision which answers the fundamental question regarding the scope of implementation of the rule of directness in appeal proceedings. The scope of the rule of directness in proceedings before the court of second instance is determined by the model of appeal proceedings, shaped on the basis of the applicable limits of admissible command in an appeal body. As a result of the remodelling of appeal proceedings from a purely control role towards control and identifi cation proceedings, this rule was strengthened in an appeal body.