W kwestii zasadności uregulowania katalogu stron postępowania w przedmiocie odszkodowania za niesłuszne pozbawienie wolności
Parties and their representation in proceedings regarding compensation for wrongful deprivation of liberty

Summary/Abstract: The aim of the article is to critically assess the regulations introduced by the Act of 19 July 2019 amending the Code of Criminal Procedure and some other acts specifying the catalogue of parties in cases of compensation for wrongful conviction, detention on remand and arrest. The author, referring to the legal doctrine and case-law, discusses the need for explicit regulation of the catalogue of parties in compensation proceedings, the proper location of the introduced provisions and their justification from the perspective of the model shape of proceedings regarding compensation for wrongful deprivation of liberty. In conclusion it is indicated that both the regulation of the parties to the proceedings and entities representing the State Treasury deserve approval. However, the introduced provisions require two corrections. They concern the determination of the procedural status of the prosecutor and the standardization of terminology relating to the petitioner.

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