Can I appeal against a sentence or if the defendant is declared not guilty?
The trial will end with the court convicting the defendant or declaring him/her not guilty. If you are not satisfied with the court’s decision you can appeal against it. Your right to appeal depends on your role in the trial. You can appeal against the decision if you have participated in the court proceedings as an auxiliary prosecutor, subsidiary auxiliary prosecutor and/or civil claimant (only as regards the civil claim).
The deadline for appeal is 14 days following the delivery of the decision to you. In some cases, after the announcement of the decision the court may issue written justification explaining its judgment. In this case the deadline is 14 days after the provision of the written justification.
You have to submit a written appeal to the court which has issued the decision. This court will then forward the appeal together with the entire case file to the relevant court.
Is further appeal possible?
If you are not satisfied with the decision of the second court you can appeal against it before the Supreme Court. The deadline for filing the appeal is 30 days after the official delivery of the second court’s decision. The appeal must be submitted to the court whose decision you are appealing against. The decision of the Supreme Court cannot be appealed.
What rights do I have after the court sentence enters into force?
When the court sentence enters into force your role in the proceedings is generally over.
If the offender has been sentenced to imprisonment you can be invited to make a statement when there is a discussion about his/her early release from prison.
- Code of Criminal Procedure (Kodeks postepowania karnego) – in Polish
- Criminal Code (Kodeks karny) – in Polish
- Act on Combating Domestic Violence (Ustawa o przeciwdziałaniu przemocy w rodzinie) – in Polish
- Act on the Proceedings against Minors (Ustawa o postępowaniu w sprawach nieletnich) – in Polish
- Code of Execution of Penalties (Kodeks karny wykonawczy) – in Polish
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