CONSTITUTIONALITY OF THE LACK OF JUDICIAL CONTROL OF PROSECUTOR'S PERMISSION TO REVEAL A SUSPECT ‘S PERSONAL DATA AND LIKENESS (Konstytucyjnosc braku sadowej kontroli zezwolenia prokuratora na ujawnienie danych osobowych i wizerunku podejrzanego)
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The subject matter of the present work is the issue of constitutionality of the lack of judicial control of prosecutor's permission to reveal a suspect's personal data and likeliness (Article 13, item 3 of the Act on Press Law of 26 January, 1984, Journal of Laws No.5, entry 24 with the amendments). This lack of judicial control is analyzed from the point of view of the right to hearing of one's case in court (Article 45, item 1 of the Constitution) and a ban on barring the recourse by any person to the courts (Article 77, item 2 of the Constitution). The impulse to undertake the examination were some reservations about constitutionality of Article 13, item 3 of the Press Law expressed in the Ombudsman's motion to the Constitutional Tribunal (K 25/09).
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