Realizacja uprawnień pokrzywdzonego w świetle uchybień procesowych (zagadnienia wybrane)
Implementation of the rights of the victim in the light of procedural errors
Author(s): Marta Kowalczyk-LudziaSubject(s): Constitutional Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: Victim; procedural errors; the authority of the procedural bodies; fairness in the criminal process; violation of rights of the victim
Summary/Abstract: The following discussion indicates the varied nature of criminal proceedings, that at least in the theoretical assumption should be conducted among to principles of material truth (Art. 2 § 2 k.p.k.), objectivity (Art. 4 k.p.k.), process loyalty and equality of the parties. The practice often shapes the different assumptions and errors in its investigations and prosecutions give the wrong course of criminal process. Distortions in this regard were presented on the example of incorrectly performed actions in relation to the victim, which caused the estimation of the value of such actions is a difficult task, leading to a number of discrepancies in interpretation. The theoretical digressions were supported findings from the analysis of the results of the court files study.
Journal: Studia Prawnoustrojowe
- Issue Year: 2017
- Issue No: 38
- Page Range: 333-344
- Page Count: 12
- Language: Polish