Zasada trafnej reakcji karnej – art. 2 § 1 pkt 1 k.p.k. po nowelizacji z dnia 27 września 2013 roku
Principle of the accurate criminal response – art. 2 § 1 p. 1 of the code of criminal procedure after the amendment of 27 September 2013

Summary/Abstract: The article is devoted to the analysis of the legal meaning of one of the fundamental principles of the criminal process that is called the principle of accurate criminal response(repression) expressed in art. 2 § 1 point 1 of the Code of Criminal Procedure in its new normative shape provided by the amendment to the Code of Criminal Procedure adopted by the Parliament in September 2013. De lege lata its legal sense can be reduced to the directive that the offender should be detected and prosecuted and the innocent should not incur criminal liability. After the amendment of 2003 art. 2 § 1 p. 1 received a new wording:the offender should be detected and prosecuted and the person who has not been proven guilty should not incur criminal liability. Due to the above change, the Author considers possible procedural consequences for the participants of a criminal process and analyzes the meaning of the legal principle of material truth (art. 2 § 2 of the Code of Criminal Procedure), which has not been amended but can lead to the procedural reconstruction.

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