Udział obrońcy w czynnościach procesowych postępowania przygotowawczego – zagadnienia wybrane
Selected Issues of Counsel’s Defence Participation in Procedural Acts during Preparatory Criminal Proceedings
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In the article the author discusses selected issues of the counsel’s defence participation in procedural acts during preparatory criminal proceedings, which is highly important as the guarantee of a suspect’s right to defence. An essential part of this paper focuses on the way of obtaining information by the counsel about planned procedural acts of proceedings authorities, as well as highly precise methods of expressing the will by the counsel to take part in those acts. The mentioned issues are often clearly presented by the doctrine, but the expressed views are not always complementary with practical problems connected with them. As a result, it seems necessary to make such amendments to the Criminal Procedure Code that, on the one hand, will provide an adequate level of procedural guarantees to the defendant, and on the other hand will not be destroying the efficiency level of preparatory criminal proceedings. Presented remarks have been also made in the context of Act of 27 September 2013 amending the Criminal Procedure Code and certain other acts. Although the mentioned act does not make crucial amendments in case of the counsel’s participation in procedural acts during preparatory criminal proceedings and such amendments are still needed, there are several regulations that may have an impact on the course of preparatory proceedings under the new law and consequently on the counsel’s possibilities (even obligations) to take part in procedural acts during this stage of proceedings.
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