Złożenie wniosku o sporządzenie i doręczenie uzasadnienia wyroku w dniu jego ogłoszenia
Journal Title: Studia Iuridica - Year 2018, Vol 75, Issue
Abstract
Procedural formalism requires conformity to requirements concerning the approach to procedural measures as to the form, location, and time of their commencement. The timely completion of each procedural measure, including applications for the drafting and submitting of a judgment and justification thereof, remains a condition for its effectiveness. It goes without saying that the court will reject any delayed application for the drafting and submitting of a judgment and justification in closed session – whereas discrepancies in adjudicature as well as doctrine doubts have arisen with regard to effects of filing “premature” applications. It has been ultimately ruled that any applications for the drafting and submitting of a judgment and justification filed on the day of yet prior to judgment delivery shall be considered ineffective. The judgment only exists once it has been delivered or once its operative part has been signed, i.a. it can only become the object of other procedural measures as of that moment rather than as of that day. Every period defined as a specific time span has to be framed with occurrences outlining its beginning and end, respectively. It is impossible to calculate a period as of a procedural measure which has not been completed yet. Since the securing of a justification of a judgment delivered in one’s own case is an expression of exercising the right to fair trial, and aspects of the right to trial include the right to a defect-free judgment, such right ought to be exercised only provided that the relevant application moved for is defect-free as well. Making the effectiveness of an application for the drafting and submitting of judgment justification dependent on the delivery of the operative part of a judgment concerns both the act of filing a letter with the court and submitting the same at an operator’s postal premises.<br/><br/>
Authors and Affiliations
Tadeusz Zembrzuski
Keywords
Related Articles
- EP ID EP401852
- DOI 10.5604/01.3001.0012.6924
- Views 99
- Downloads 0
The Rule of Law in Turkey: Some Procedural Aspects in Criminal Cases
Nadrzędność prawa, zasady legalności, pewność prawa i sprawiedliwy proces uznający prawa podejrzanego i oskarżonego są podstawowymi aspektami państwa prawnego. Trybunał ustanowiony przez prawo, dostępny dla obywateli, sk...
Bauen aud fremdem Boden. Eigentumserwerb durch den gutgläubigen Besitzer
The aim of this paper is to present the development of the legal concept of good faith in European legal tradition by means of claim in case of building on someone else’s land – art. 231 § 1 of Polish Civil Code. This cl...
Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej
By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, norm...
The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration
The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, pr...
Agencja ds. Współpracy Organów Regulacji Energetyki
The Agency for the Cooperation of Energy Regulators (ACER) has been established in 2009 in the Third Liberalization Package of Energy Sector. The Agency became fully operational in 2011. After 5 years of its functioning...