The Accused’s Explanations and Summary Proceedings: Gloss to the Judgment of the Supreme Court of October 19, 2022, II KK 442/22

Abstract

In the justification of the glossed judgment, the Supreme Court expressed the view that the provisions of Article 500 § 1 and 3 of the Code of Criminal Procedure give the court the opportunity to decide on the criminal liability of the accused without conducting
evidentiary proceedings, provided that the circumstances of the act and the guilt of the accused are not in doubt on the basis of the evidence gathered. The author shares this position, as it is fully justified by the wording and ratio legis of the provisions in question. The thesis that the absence of doubt should concern both the perpetration of the act in question – including all circumstances relevant to the proper legal assessment of the act – and the accused guilt is also justified. This thesis also corresponds to the wording of the provisions referred to. In the author’s opinion, the Supreme Court also correctly pointed out that in the process of assessing whether there are doubts as to the circumstances of the offence and the guilt of the accused, the explanations provided by the accused are of significant importance – although it was not noted at the same time that failure to provide them at the preparatory stage of the proceedings does not preclude the possibility of hearing the case in summary proceedings.