Failure to arrive of private prosecutor to appeal proceedings
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In the case of offences prosecuted on complaint, for example concerning defamation, failure to arrive of private prosecutor and his representatives to the main hearing without justified reasons seem as withdrawal from claim and, as a consequence, the proceeding is cancelled with the consent of the defendant. In the case at the Regional Court in Łódź the proceeding was cancelled at the stage of appeal. In the opinion of the Commissioner for Human Rights, who filed cassation in this case, the described principle should not be used in appeal proceedings
