
The author presents the problem of implementing the principle of immediacy in appeal proceedings following the legislative changes effected in the Polish criminal trial
in 2013-2019. The author focuses on the conditions underlying reformatory decisions of appeal courts in the light of different assessment of evidence carried out before the court of first instance. The deliberations lead to the finding that the relevant provisions in their current form fail to respect the principle of immediacy, as the appellate court may differently assess the credibility of the testimony of witnesses who were not summoned to be heard
before it. The author also outlines the impact of other changes of appellate proceedings, especially related to a significant limitation of the so-called ne peius rules, as well as the existing case-law of the European Court of Human Rights regarding the reformatory rulings in the appellate instance. The conclusion provides that the discrepancy between the legislator’s assumptions and the ultimate shape of norms of the Code of Criminal Procedure
in the area of appellate proceedings requires ensuring that the principle of immediacy and the Strasburg standard are respected and that the structure of the Polish appellate
proceedings actually reflects the model assumptions of an appeal.