Porozumienia procesowe w kontekście zasad postępowania karnego
Settlements in proceedings in light of the principles of criminal procedure
Author(s): Justyna KaraźniewiczSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: settlement; criminal proceeding; the principles of the procedure; consensual instruments
Summary/Abstract: The presented text discusses the changes in the Polish criminal law related to the settlements between the offender and the victim, prosecutor or the court. This paper examines new regulations (especially under the bill of 27 September 2013 and the bill of 11 March 2016 amending the Code of Criminal Procedure), which modify current forms of consensual finalization of criminal proceedings. The particular attention is placed on the influence of the settlements on the fundamental principles of the criminal procedure, as the principle of objective (material) truth, the principle of the speed of the criminal proceedings, the principle of the legal information, the principle of legality, the principle of the court criminal jurisdiction, the principle of justice. There is no doubt that settlements are the legal instruments that can accelerate the criminal proceeding. However, a discussion relates in particular to the problem, how to facilitate the proceeding without breaching of the other principles, especially the principle of material truth and the principle of justice.
Journal: Studia Prawnoustrojowe
- Issue Year: 2016
- Issue No: 34
- Page Range: 5-22
- Page Count: 18
- Language: Polish