Appeal against the Court’s decision

Have you been found guilty by the court of the indictment? Do you disagree with the punishment or penalty? The court refused you permission to serve your sentence in the electronic monitoring system? If so, you have the right to appeal the decision. In Poland, criminal proceedings, as a rule, have two instances.

This means that in the event of an unfavorable decision, we can appeal against it. In the case of a judgment, it is an appeal, in the case of decisions, a complaint. How to appeal against an unfavorable decision? In the first place, in the case of a judgment, it is necessary to submit an application for justification within 7 days from the date of delivery of the judgment. The court then prepares a justification in which it justifies its decision. After receiving it within 14 days, we can appeal to the court of second instance. There are two exceptions. In the case of misdemeanor cases, the deadline for submitting an appeal is not 14, but 7 days from the receipt of the judgment with reasons. In the case of the so-called accelerated procedure, the deadlines are even shorter. We have only three days to submit an application for justification, and seven days to lodge an appeal. What about resolutions? It depends on whether or not we were present when they were announced. If so, within seven days from the date of receipt of the decision together with the reasons, we can lodge a complaint.

My name is Rafal Drzewiecki, I am an attorney at Oleś and Mikuła law firm. I specialize in filing appeals of complaints against unfavorable rulings. If you are interested in this topic, you are cordially invited to contact me.


Rafał Drzewiecki

Lawyer, Mediator

He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.

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