Brak skargi uprawnionego oskarżyciela a konstrukcja konsumpcji skargi publicznej w zakresie postępowania przygotowawczego, którego wszczęcia odmówiono
Lack of complaint of an authorized prosecutor and the construction of consumption of a public complaint in the field of preparatory proceedings, the initiation of which was refused

Summary/Abstract: The subject of the study is an attempt to determine the scope of the impact of the procedural prerequisites – the lack of a complaint by an authorized prosecutor and the consumption of a public complaint in the situation of proceedings, for which a decision was originally made to refuse to initiate it. First, an attempt was made to determine which of these premises may be abstract. Further, the article aims to answer the question of whether abandoning the use of the institution of prosecutor’s supervision (in particular, resuming discontinued proceedings) may result in the discontinuation of proceedings. In conclusion, the author concludes that the decision to refuse to initiate preliminary proceedings results in a situation in which the entitled entity deprives itself of the right to prosecute. There is therefore a condition for the consumption of the public action. At the same time, regaining the right to prosecute requires either a decision to undertake a vetting procedure or a decision to initiate an investigation or inquiry, provided that the legitimacy for this action is maintained.

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