Karnoprocesowe uprawnienia osób pozostających w związkach partnerskich
Rights of Individuals Joined in a Civil Union in View of the Law of Criminal Procedure
Author(s): Ewa Kowalewska-Borys, Aneta MichałowskaSubject(s): Gender Studies, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: same-sex couples;criminal procedure;the right to access the files of a case;the right to refuse to testify;the right to be excused from testifying;
Summary/Abstract: The article is an analysis of the rights which can be exercised in Polish criminal procedure by same-sex couples joined in a civil union. The key idea of the deliberation is an assertion that in criminal procedure – on account of the so called criminal procedure relation – the rights of people joined in same-sex unions are protected well enough, therefore alterations to the presented regulations are unnecessary. The authors make an argument, starting with demonstrating the legal definition of a closest person, next describing the following laws: the right to access the files of a case, the right to refuse to testify, the right to be excused from testifying, the right of succession after a deceased party of the proceedings, the right to appointed counsel, the right to apply for remand of a suspected person, the right to be notified of a preventive detention and to deposit bail, and to take part in a trial.
Journal: Miscellanea Historico-Iuridica
- Issue Year: 13/2014
- Issue No: 2(2)
- Page Range: 227-239
- Page Count: 13
- Language: Polish