The Public Character of Criminal Proceedings in the Light of Legal Security as Provided for in Amended Art. 357 of the Code of Criminal Procedure of 10 June 2016
The Public Character of Criminal Proceedings in the Light of Legal Security as Provided for in Amended Art. 357 of the Code of Criminal Procedure of 10 June 2016
Author(s): Kamila KwarcianaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: legal security; legal certainty; external openness; internal openness; public character of criminal proceedings; criminal trial
Summary/Abstract: This article discusses external openness of criminal proceedings in respect of legal security. The realization of such openness is done through the statutory permission to record and broadcast a hearing which is granted to representatives of the mass media. The article also attempts to assess amendments to article 357 of the Code of Criminal Procedure (2016) in terms its realization of the idea of legal security. The author gives a positive assessment of the direction of changes in the Polish law; however, she also tries to identify the legislation which could undermine legal certainty, and thereby negatively affect the possibility of realising the concept of legal security in the context of criminal law.
Journal: Roczniki Nauk Prawnych
- Issue Year: 27/2017
- Issue No: 2EV
- Page Range: 47-60
- Page Count: 14
- Language: English