Multiplication of Extraordinary Appeal Measures in Polish Criminal Proceedings: A Guarantee of Justice or Erosion of the Principle of Legal Certainty?

Abstract

This article aims to evaluate modifications to the system of measures of extraordinary appeal in Polish criminal proceedings that have occurred over the past few years from the point of view of legal certainty as the core element of the rule of law. The paper provides answers to the following questions: Do the newly introduced measures of challenge: a complaint against the “cassatory” judgment of an appellate court adopted in 2016 and an extraordinary complaint introduced in 2018, along with the “traditional” extraordinary measures of challenge: a cassation appeal and a motion for the reopening of proceedings, form a coherent model of mutually complementary measures? Has the introduction of the new measures of challenge contributed to quicker proceedings, that is, expedited the final decision in criminal cases while maintaining the standard of substantive justice? The analysis of the legal basis and practice of applying the two measures brought the authors to the conclusion that the first one (the complaint against a cassatory judgment of the appellate court) may contribute to obtaining a final judgment in the case within a reasonable time. Moreover, it does not compromise the coherence of the system of appeal measures in Polish criminal proceedings. On the other hand, the second remedy – an extraordinary complaint generates a long-term condition of legal uncertainty and undermines the principle of legal certainty, a key element of which is the institution of the finality of judgment.