The entitlements of the victim in the course of executing adjudications in the British penal law system Cover Image

Uprawnienia pokrzywdzonego na etapie wykonywania rozstrzygnięć w brytyjskim systemie prawa karnego
The entitlements of the victim in the course of executing adjudications in the British penal law system

Author(s): Bartosz Baran
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego

Summary/Abstract: The reform of the penal law system realized in Great Britain treated the transition of the centre of gravity in the course of the criminal proceedings from the accused to the victim as one of the main assumptions. The main principle of legislative works was the necessity to focus all the actions taken by the country by means of the appropriate organs on the victim of crime. The article concentrates on the entitlements the aggrieved is given the criminal law, binding in England and Wales, within the scope of the executive proceeding. The aim of this article is to present cross-sectionally the position the victim is given in the British model of the criminal trial from the moment the binding convicting adjudication is released. In comparison to an extremely poor regulation of the Polish law in this respect, (the 168a art. of the penal executive code), the British law gives the victim many pragmatic entitlements which, to a large extent, guarantee him/her the real influence on the course of the process of executing the adjudicated punishment, at the same time, resigning from all theoretically and structurally effective, but impractical legal institutions. All solutions introduced are based on systematically conducted researches concerning the effectiveness of the application and effectiveness within the scope of achieving the aims set in front of them, i.e. compensating damages, overcoming shock connected with the fact of being the crime victim, as well as an easy return to the normal life. The results obtained from the introduction of the very solutions in England and Wales constitute their best recommendation. That is why, it seems that one should consider the introduction of at least some of the legal institution presented into the Polish legal system.

  • Issue Year: 26/2008
  • Issue No: 1
  • Page Range: 83-93
  • Page Count: 11
  • Language: Polish