Abstract

The commentary concerns the possibility of issuing a penal order in a Polish criminal trial. The Supreme Court rightly pointed out that the court may issue a penal order judgment if, based on the evidence collected, the circumstances of the act and the guilt of the accused do not raise any doubts, and the lack of such doubts means that there are no doubts regarding the perpetration of a given act, the guilt of the accused, and the fulfillment of all the features of this act, taking into account all the evidence presented in the indictment. However, we cannot agree with the Supreme Court’s comment that the lack of a confession by the accused makes it impossible to issue a penal order.

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