THE PROBLEM OF EFFECTIVENESS OF A PROCEDURAL ACT PERFORMED “PREMATURELY” – A FEW COMMENTS IN RELATION TO THE DECISION BY THE EUROPEAN COURT OF HUMAN RIGHTS ON 13 DECEMBER 2018, 21497/14 (WITKOWSKI)
THE PROBLEM OF EFFECTIVENESS OF A PROCEDURAL ACT PERFORMED “PREMATURELY” – A FEW COMMENTS IN RELATION TO THE DECISION BY THE EUROPEAN COURT OF HUMAN RIGHTS ON 13 DECEMBER 2018, 21497/14 (WITKOWSKI)

Summary/Abstract: Provisions of procedural criminal law, awarding participants of criminal proceedings with the right to perform specific procedural acts in order to elicit related procedural effects, often simultaneously specify a deadline for performing such acts. A failure to meet such a deadline as a rule leads to a negative consequence, i.e. ineffectiveness of the procedural act carried out in violation of the said deadline. The problem also occurs when making a procedural action prematurely. The article will be devoted to these issues.

• Details
• Contents