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On the Concept of an Appellate Measure in a Criminal Proceeding Cover

On the Concept of an Appellate Measure in a Criminal Proceeding

Open Access
|Jun 2023

Abstract

The aim of the paper is to analyse how the term ‘appellate measure’ is interpreted in the Polish doctrine of criminal procedure law and, in particular, to assess the accuracy of the assumption that the possibility of recognising a particular means of indictment of a decision as an appellate measure is determined by its normative features. Based on the analysis of the characteristic features of each means of indictment of a decision, an attempt is made to demonstrate that this assumption may be regarded as incorrect. It is suggested that the previous definition of an appellate measure be revised, and recognise that this concept is purely of a conventional (traditional) nature, which means that the possibility of classifying a particular means of indictment of a decision as an appellate measure should not depend on its nature or similarity to other legal measures considered as means of indictment of a decision.

Language: English
Page range: 79 - 94
Published on: Jun 30, 2023
Published by: Lazarski University
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Bartosz Łukowiak, published by Lazarski University
This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License.