Cofnięcie aktu oskarżenia przez oskarżyciela publicznego w procesie karnym
The withdrawal of the indictment by the public prosecutor in criminal proceedings

Summary/Abstract: The subject matter of the article is the problem of the withdrawal of indictment by the public prosecutor in criminal proceedings. These solutions were outlined in the statute of 27 September 2013 and have been in force since 1 July 2015. The article discusses the grounds, conditions, and time limits for taking such a procedural decision. A critical issue of this decision is procedural consequences for the accused and the victim. The resolution of doubts about the interpretation entails the guarantee sphere of criminal proceedings concerning the position, aims and possibilities of attaining them by the parties to the proceedings. The procedural method in the sphere of withdrawal of indictment by the public prosecutor and taking into consideration the interests of the accused and victim should be viewed through the prism of fairness of the criminal procedure. These issues are related to the implementation of the fundamental procedural principles, first all actionability, adversarialism, legality and the right to defence.

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