SPRZECIW OD DECYZJI REFERENDARZA SĄDOWEGO W SYSTEMIE ŚRODKÓW ZASKARŻENIA W POLSKIM POSTĘPOWANIU KARNYM
OBJECTION TO A DECISION OF THE COURT REFERENDARY IN THE SYSTEM OF LEGAL REMEDIES IN POLISH CRIMINAL PROCEEDINGS
Author(s): Katarzyna KochelSubject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: court referendary; objection; procedural decisions; remedies; procedural activities
Summary/Abstract: The article presents issues of the newly introduced legal remedy, which was introduced together with a new participant of the criminal process i.e. a court referendary under the act of 23 November 2013. To present more thoroughly the specificity of the discussed institution and to lead to further deliberations, a political position of the court referendary has been briefly described against the Polish law as well as activities entrusted to them in criminal proceedings. The procedure of lodging and considering the objection has been analysed pointing at possible interpretative problems associated with it. Moreover, the deliberations concerning the legal nature of the objection to an activity of this judicial officer in criminal proceedings have been conducted as well as placing the regulations on submission of an objection in the criminal procedure act. Concluding de lege ferenda analysis of the possibility to collect the regulations concerning the objection in one part of the code, and then to place them in the Code of Penal Procedure in case of the next amendment.
Journal: Acta Universitatis Lodziensis. Folia Iuridica
- Issue Year: 2018
- Issue No: 83
- Page Range: 103-116
- Page Count: 14
- Language: Polish