Commentary to the Supreme Court decision of 29 January 2004, I KZP 40/03
(the meaning of the notion of “criminal proceedings”)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Grzegorz Jan Artymiak – Ph.D. candidate, Jagiellonian University, advocate

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ne bis in idem procedatur principle, apparent concurrence of provisions, ideal concurrence of provisions, notion of “criminal proceedings”, res iudicata


This paper is critical commentary to the Supreme Court decision of 29 January 2004 (I KZP 40/03), which is one the decisions that have significant role in judicial practice. The analysis is aimed at the problems with the interpretation of the phrase “criminal proceedings” used in Article 17 § 1 point 7 of The Polish Code of Criminal Procedure, with special attention given to minimal standards of the ne bis in idem procedatur principle. Some remarks concerns the issue of relation between Article 283 § 1 of Polish Labor Code and Article 220 § 1 of Polish Criminal Code, and the issue of interpretation of institution of legal questions stated in Article 441 § 1 of Polish Code of Criminal Procedure.