Kwestia niezależności prokuratora w nowej ustawie – Prawo o prokuraturze
The Issue of the Prosecutor’s Autonomy in the New Act – Law on the Prosecutor’s Office

Summary/Abstract: The article concerned raises the problem of the prosecutor’s autonomy. In the article the evolution and a way of shaping of the prosecutor’s autonomy in the historical aspect are presented and then the analysis of the autonomy is made in the Act – Law on the Prosecutor’s Office. The main point of the article is the emphasising the need of distinguishing the issue of the external autonomy of the Prosecutor’s Office (as the organizational unit) and the internal prosecutor’s autonomy (as the relation between the supervisor and the subordinate). As far as the external autonomy is concerned the particular attention is dedicated to the issue of joining the function of the Minister of Justice and the Prosecutor General. The author has also put forward the proposal that in the new Act – Law on the Prosecutor’s Office we can not say any more about the prosecutor’s autonomy as the systemic rule. At the end the views are analysed concerning the need and the usefulness of forming the Prosecutor’s Office on the rule of the autonomy. The author described also his/her own view on the most optimal way of creation of the prosecutor’s autonomy.

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