O potrzebie wprowadzenia instytucji sędziego śledczego (uwagi na tle propozycji nowelizacji Kodeksu postępowania karnego złożonego przez Klub Poselski Ruch Palikota)
On the need for the adoption of the institution of investigating judge (Comments on a bill to amend the Code of Criminal Procedure as submitted by the “Palikot’s Movement” Deputy’s Club)
Languages of publication
The subject of the analysis is to examine the proposal for adoption of the institution of investigating judge, which would be the judicial authority for the review of the legality of the functioning of prosecutor’s office and the Police in the preparatory stage and responsible for consolidating evidence for the court. The author makes remarks of historical nature and provides a comparative‑law survey on the functioning of investigative judges. However, none of the countries covered by the analysis has adopted the model of the investigating judge, that exists – in its classic form – in France and Belgium, and the reforms implemented in some countries show the abolition of the institution of investigating judge. The bill does not present the arguments in support of the need for adoption of the institution of the investigating judge and contains no indication as to the paucity of protection of individual rights in the preparatory proceedings, nor does it identify deficiencies of the protection of individual rights in the preparatory proceedings. The sponsors of the bill do not note that the interrogation record serves a guarantee function, and its content is certified by people participating in the activity. An official note made by the interviewer does not provide it because it is not free from subjectivity, and particularly – may be blamed for acting in pursuit of self‑interest in the course of proceedings.
Publication order reference