Brak wątpliwości co do okoliczności czynu i winy oskarżonego jako przesłanka postępowania nakazowego w polskim procesie karnym. Uwagi na tle wyroku Sądu Najwyższego z dnia 27 kwietnia 2021 r., V KK 374/20

Abstract

The publication concerns the lack of doubts as to the circumstances of the act and guilt of the accused as premises for the injunction proceedings in the Polish criminal trial. The starting point for the author’s considerations is the view expressed by the Supreme Court in the judgment of 27 April 2021, V KK 374/20, that the injunction proceedings are a special institution of procedural law, the application of which has been provided for the most obvious cases, when the evidence submitted with the act of the accusation is so unequivocal that it does not raise any doubts as to the guilt of the accused and the circumstances of the alleged act. It also expressed the opinion that the absence of these doubts means that they do not exist as regards the perpetration of a given act, the defendant’s guilt, and the fulfillment of all the features of this act listed in the provisions of substantive criminal law, taking into account all the evidence on which the indictment was based. Otherwise, it is necessary to consider the case at the main hearing