Generalne klauzule odsyłające w procesie karnym na przykładzie dobra wymiaru sprawiedliwości (uwagi na tle art. 37 k.p.k.)
General Clauses in Polish Criminal Procedure

Summary/Abstract: The article is devoted to the issues of general reference clauses in Polish criminal procedure. The discussions presented herein concern one of the clauses, namely “the good of the administration of justice”, contained in Art. 37 of the Code of Criminal Procedure. The author states that this termis vague, has very broad boundaries of meaning and, as a consequence, it is not possible to construct one universal and precise definition of that wording or to enumerate the situations in which the good of the administration of justice would be jeopardized. As a matter of fact, there is not such a need. However, it appears to be legitimate to indicate the general directions of the interpretation of thisterm, and it has been the case in the current judicature and literature. Nevertheless, the determinationif in a specific situation the precondition of the good of the administration of justice really occurs, and thereby if there are grounds for the application of Art. 37 of the Code of Criminal Procedure,should be made based on the realities of the specific case.

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