ACCELERATION OF CRIMINAL PROCEEDINGS IN POLAND

• Authors: Hofmanski P. , Szumilo-Kulczycka D. , Waltos S.
• Languages of publication: DE

Abstracts

EN

The report is devoted to the problems of the excessive lengthiness of criminal proceedings in Poland. It consists of four parts. The first one presents the significance of the international law norms, particularly ECHR, for the way in which the rule of the rapidity of proceedings is perceived. It includes also the analysis of the significance of it being constitutionally grounded in Polish law. The second part deals with special regulations in Polish Code of Criminal Procedure essential from the presented point of view. They include well-known to Polish legislators 1) methods enforcing due course of proceedings; 2) methods allowing authorities not to carry out proceedings; 3) methods to discipline the parties participating in the proceedings; 4) problems relating to the execution of the rule of speedy proceedings. The third part of the report deals with the presentation of the familiar in the Polish procedure reduced forms of proceedings (such as summary proceedings, penal order proceedings and proceedings in private prosecution cases), the scope of their application, advantages and threats which they bring. The last part is devoted to the general assessment of Polish legislation from the point of view of the possibility of the execution of the rule of speedy proceedings. It includes many critical remarks concerning the legislation and jurisprudence as well as some postulates 'de lege ferenda'.

Keywords

EN

CRIMINAL PROCEEDINGS (POLAND); EXCESSIVE LENGTHINESS PROBLEMS; PROCEEDINGS' REDUCED FORMS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Polska Akademia Nauk
• Journal: Archivum Iuridicum Cracoviense
• Year: 2004
• Volume: 37-38
• Pages: 179-219
• Document type: ARTICLE

Contributors

author

Hofmanski P.

author

Szumilo-Kulczycka D.

author

Waltos S.

• P. Hofmanski, Uniwersytet Jagiellonski, Katedra Postepowania Karnego, ul. K. Olszewskiego 2, 31-007 Kraków, Poland

Identifiers

CEJSH db identifier

08PLAAAA04158093