Constitutional aspects of cassation judgment in the Polish criminal trial
The article shows how the cassation appeal model determines the exercise of the right to a fair trial. The aim was to examine the constitutionality of solutions concerning re- trial not considered to a greater extent in the science of the criminal process. The for- mal and dogmatic method was used in the research. The Constitution of the Republic of Poland does not indicate what the model of the criminal trial is. It does not explicitly contain an order or a prohibition to repeal judgments and refer the case for reconsidera- tion. The legislator, while shaping the right to revoke judgments, including legally bind- ing ones, and to refer the case for reconsideration, must, however, particularly carefully balance all the conflicting values. It must particularly take into account the importance of hearing a case without undue delay and the stability of final court decisions as con- stitutional values.