Prawo do obrony w trybach szczególnych postępowania karnego
The right to defence in special procedures of criminal proceedings

Summary/Abstract: The right to defence, as a constitutional and procedural principle, requires giving the opportunity to defend any person against whom the authority undertakes prosecution. This order applies to any criminal proceedings, whether conducted under ordinary or special procedures. However, special procedures are characterized by significant differences. They consist primarily in simplifying the proceedings, and this undoubtedly also affects the position of the participants in the proceedings, including the accused. The article analyzes the right to defend the procedure in cases prosecuted by private accusation, in penal order proceedings and in accelerated proceedings. The considerations aim to identify the differences between the right to defence in ordinary proceedings and in special procedures and to answer whether the modifications introduced in special procedures do not constitute excessive restrictions on the constitutional right to defence.

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