Model postępowania przygotowawczego w projekcie noweli Kodeksu postępowania karnego Klubu Poselskiego Ruch Palikota
A model of preparatory proceedings in the bill to amend the Code of Criminal Procedure as submitted by the “Palikot’s Movement” Deputy’s Club
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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. The proposed solution is an alternative to a model in which the court (in a one‑judge bench) makes certain procedural decisions in the preparatory proceedings and examines complaints against decisions and other actions carried out by a public prosecutor, or other prosecuting authority, and also implements other actions in relation to evidence at this stage of proceedings. The author is positive about the proposal. His opinion is justified by the following arguments: the extension of the scope of tasks of the court in the preparatory proceedings as compared to those currently existing, stressing the status of judicial review of preparatory proceedings, providing a reliable and critical control of preparatory proceedings, as well as guaranteeing the pursuit of lawful investi gation by a judge responsible for the preparatory proceedings.
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