In its decision of December 13, 2023 (III KO 130/23), the Supreme Court stated that the institution of transferring a case for examination to another equivalent court may only be applied when there are circumstances that may create a justified belief in the lack of conditions for objective examination. cases in a given court. However, not every circumstance will result in a possible transfer of the case to another equivalent court, but only one that may raise the suspicion of a lack of objectivity in its examination by the competent court in an observer of the process who is not interested in the way the given case is resolved.
In the case in question, the Szczecin-Centrum District Court in Szczecin wanted to transfer the case to another equivalent court for the sake of the justice system, pointing out that the private prosecutor and the accused are (…), as are most of the 17 witnesses requested to be heard, and also some of the these people remain in friendly or even family relationships with judges adjudicating in the Szczecin Appellate Area, which could consequently raise doubts in the public perception as to the impartiality of the court taking the initiative in question.
According to the Supreme Court, the premises cited by the District Court related to the parties to the proceedings and witnesses – i.e. the place and type of work performed by them, the circumstances of the acts and the relationships between the judges of the competent court and the parties and participants in the proceedings, may in the public perception justify concerns about the possibility of an impartial hearing the case. Therefore, the Supreme Court decided to refer the case to the Poznań Stare Miasto District Court in Poznań for consideration, at the same time making a reservation that the above decision does not result from a lack of trust in the judges adjudicating in the District Court Szczecin – Centrum in Szczecin, but is dictated by concern for the welfare of the judiciary. justice.
