Obowiązek badania kwalifikacji prawnej czynu przez organy stosujące tymczasowe aresztowanie
Questions on Legal Qualification of a Crime and Detention Pending Trial

Summary/Abstract: Article describes how important are so-called legal grounds of detention pending trial. Moreover, every court and every judge should control a legal qualification of a crime in every “arrest case”. If not, there is no a due process of law. The Polish Supreme Court pointed that many times; as same as Polish theorists of criminal law. Unfortunately, in some cases some courts forget that.

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