Projekt stanowiska Sejmu w sprawie o sygn. akt K 5/14
Sejm draft position on the case concerning the application of the Commissioner for Citizens’ Rights on the Code of Criminal Procedure (Ref. No. K 5/14)
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In the proposed draft position the author claims that the challenged provisions do not exclude the possibility of participating in the meeting of the appellate court. However, admitting the possibility of limiting the participation of the accused, or his counsel, in such meetings of appellate court, they affect the scope of use of that right. This matter affects both the right of the defense in both the material sense (attending the meeting) and the formal one (limitations on actions of the defender). One should recognize that the provisions at issue, as far as they do not guarantee the accused or his counsel the right to participate in the meeting of the court hearing the interlocutory appeal against the ruling on the application, repeal or change of preventive measures other than pre-trial detention and property collateral, is incompatible with the provisions of the Constitution. According to the author, it is also reasonable to apply for discontinuance of the proceedings in relation to the remaining scope of the application due to the inadmissibility of rendering the judgment.
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