A Few Words Upon the Amendment of Safe Conduct - A Conflict Between the Legislature and the Judiciary Cover Image

A Few Words Upon the Amendment of Safe Conduct - A Conflict Between the Legislature and the Judiciary
A Few Words Upon the Amendment of Safe Conduct - A Conflict Between the Legislature and the Judiciary

Author(s): Piotr Starzyński
Subject(s): Politics, Governance
Published by: Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego “Apeiron” w Krakowie
Keywords: safe conduct; prosecutorial objection; systemic interpretation; judiciary; legislature

Summary/Abstract: The author undertook an evaluation of the legislative process leading up to the Act amending the Code of Criminal Procedure in respect of the new regulation of safe conduct, as well as of the court decisions interpreting the post-amendment provisions not only contrary to their literal wording but also contrary to the legislator's ratio. Another aim of the article was an analysis of the views expressed by authors of glosses. The latter provided an opportunity to reflect on the quality of the titular legislation and on the position taken by the courts on the amendment, highlighting the existence of a conflict between the legislative and judicial branches.

  • Issue Year: 2023
  • Issue No: 45
  • Page Range: 47-59
  • Page Count: 13
  • Language: English