CAUTION !!! automatic translation from Polish
- Severability of allegations of violation of the principle of in dubio pro reo and the free evaluation of evidence – the Supreme Court’s position
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
In its decision of August 21, 2025 (IV KK 269/25), the Supreme Court recalled the important relationship between the principle of free evaluation of evidence (Article 7 of the Code of Criminal Procedure) and the principle of resolving doubts in favor of the accused (Article 5 § 2 of the Code of Criminal Procedure).
The court indicated that allegations of violation of these provisions are separable and should not be raised simultaneously with respect to the same factual findings.
The principle of in dubio pro reo applies only when the court – after properly assessing all the evidence in accordance with Article 7 of the Code of Criminal Procedure – determines the existence of irremovable doubts as to the course of events. This refers to a situation in which at least two equally probable versions of events are possible, which cannot be unequivocally resolved. However, if a party challenges the manner in which evidence was assessed, for example, the credibility of witnesses or conclusions drawn from the evidence, then the dispute concerns a violation of Article 7 of the Code of Criminal Procedure, not the principle of in dubio pro reo.
The ruling serves as an important reminder for the practice of drafting appeals – an effective invocation of Article 5 § 2 of the Code of Criminal Procedure is only possible if the correctness of the court’s assessment of the evidence is not challenged.
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