The Understanding of Principles in Criminal Procedural Law Cover Image

Ujęcie zasad na gruncie prawa karnego procesowego
The Understanding of Principles in Criminal Procedural Law

Author(s): Grzegorz Lipiński
Subject(s): Criminal Law, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: criminal proceedings; theory of law; principles of law;

Summary/Abstract: The aim of this article is to present various ways of defining the principles of law incriminal procedural law and to examine whether the science of the Polish criminal proceduredraws on the achievements of general theory of law or whether it attempts to create its ownconcept in this regard. In this study, in order to answer the research question, an analysis isconducted of both current and historical perception of principles in the criminal procedure andan assessment is made of the extent to which individual authors rely on the traditional model ofperception of the principles of law, or whether they apply their own viewpoint in this regard dueto what they see as particularities of the criminal procedure or the incompatibility of generalconcepts. The result of the presented work is an answer to the question how the principlesof law are perceived in the Polish criminal procedure, taking into account the division intothe principles of criminal procedure, the main principles of criminal procedure in an abstractor concrete understanding, the principles of criminal proceedings as defined or undefinedprinciples, codified or uncodified ones, or as codified and defined principles, codified andundefined ones, or uncodified ones, as well as lists of these principles and their systems.

  • Issue Year: 40/2024
  • Issue No: 3
  • Page Range: 54-67
  • Page Count: 14
  • Language: Polish
Toggle Accessibility Mode