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  1. 1 Studia Prawnicze

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  1. 1 2010

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  1. 1 Rogoziński P.

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Taking of evidence at the heating of appeal In criminal cases

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Rogoziński P.
Studia Prawnicze
|
2010
|
issue 1(183)
145–184
EN
The subject of this study is to present the evidence collecting proceedings at the hearing of appeal in criminal matters. The key considerations in this regard have been preceded by a presentation of the Polish model of appeal proceedings, which can be described as a revisory. At the further stage of the study one can find the presentation of the classification of the means of conducting evidence by a judicial body in the form of the free and strict proof . The rest of the study aims at clarifying the issue what is the subject of proof in the appeal proceedings. However, if the court of higher instance does not utilize this possibility and merely reads the files, the free proving process on the merit substance is conducted as a result. Another issue that needed to be considered was whether the taking of evidence or evidences under this provision is - in the event of use of its circumstances - mandatory or optional. The study comes to an end with reflections on the changes regarding the admissibility of factual findings by the court of second instance without any evidence, and after close review at the hearing, in particular the impact of that evidence to alter the findings.
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