NCJ Number
60856
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 28 Issue: 2 Dated: (1978) Pages: 598-608
Date Published
1978
Length
11 pages
Annotation
APPEAL RECORDS FROM THREE POLISH CITIES ARE STATISTICALLY ANALYZED AND THE REASONS FOR THE APPEALS ARE DETERMINED.
Abstract
ONE OF THE MEANS OF CONTESTING A LEGAL VERDICT IN POLISH LAW IS THE APPEAL. IN THE NEW LEGAL CODE OF 1969, THE REASONS FOR WHICH AN APPEAL MAY BE GRANTED ARE EXTENDED TO INCLUDE VIOLATIONS OF COURT PROCEDURE. IN ORDER TO TEST THE IMPACT OF THE REFORM ON COURT PRACTICE, THE STUDY ANALYZES 206 APPEALS TO APPEAL COURTS IN THREE POLISH CITIES AND TO THE SUPREME COURT FROM 1972 TO 1973. OF THESE, 123 CASES HAD BEEN SUBMITTED BECAUSE OF NEW EVIDENCE ('PROPTER NOVA'), 4 CASES BECAUSE OF FALSE EVIDENCE ('PROPTER FALSA') DURING THE EARLIER TRIAL, AND 78 CASES BECAUSE OF VIOLATIONS OF COURT PROCEDURE. AN APPEAL WAS GRANTED IN 88 CASES (40 PERCENT) WHICH CAN BE CONSIDERED AS REPRESENTATIVE FOR THE WHOLE OF POLAND. THE APPEALS SUBMITTED BECAUSE OF NEW EVIDENCE WERE GRANTED LESS OFTEN (IN ONLY 20 PERCENT OF THE CASES) THAN THOSE BASED ON VIOLATIONS OF COURT PROCEDURE. IN 41 OUT OF THE 88 CASES IN WHICH THE APPEAL HAD BEEN GRANTED, THE NEW TRIAL DECIDED IN FAVOR OF THE DEFENDANT. THE REASON MOST OFTEN GIVEN FOR REJECTING APPEALS 'PROPTER NOVA' WAS LACK OF NEW EVIDENCE INDICATING EITHER THE OFFENDER'S INNOCENCE OR TOO STRICT A VERDICT. IN 40 PERCENT OF THE 'PROPTER NOVA' APPEALS, ADMISSION OF EVIDENCE HAD ALREADY BEEN DENIED DURING THE INITIAL TRIAL. OVERALL, THE LEGAL REFORM HAS CAUSED AN INCREASE IN APPEALS. WHILE THE TWO TRADITIONAL REASONS, 'PROPTER NOVE' AND 'PROPTER FALSA,' WERE SUCCESSFUL IN ONLY 20 PERCENT OF THE CASES, APPEALS TO VIOLATIONS OF COURT RULES WERE USED FREQUENTLY AND HAD A HIGH RATE OF SUCCESS. THE ARTICLE INCLUDE FOOTNOTES AND STATISTICAL CHARTS. --IN GERMAN. (SAJ)