Glosa do postanowienia Sądu Najwyższego z 9.03.2022 r. I KZP 8/21

Abstract

The commentary concerns the recent ruling of the Supreme Court on the possibility of recognizing a judgment passed after a hearing to be promulgated based on Article 100 § 1a of the Code of Criminal Procedure. In its decision the Supreme Court ruled that a judgment passed after a hearing does not constitute a judgment unless it has been promulgated under the applicable provisions of the Code of Criminal Procedure (sententia non existens) since a verbal promulgation is the constitutional element of issuing a judgment. At the same time, however, the Supreme Court allowed judgments passed in open court, under Article 100 § 1a of the Code of Criminal Procedure, to be considered promulgated. According to the view taken in this commentary, the position of the Supreme Court is correct, however, it prompts further amendments to the Code of Criminal Procedure.