Konstytucyjne aspekty procesu karnego w działalności Rzecznika Praw Obywatelskich

• Authors: Stanisław Trociuk

Title variants

EN

Constitutional aspects of a criminal lawsuit in the activities of the Ombudsman

Abstracts

EN

The changes in the broadly conceived criminal procedure which were introduced in recent years refer to the problems which are crucial from the perspective of the protection of human rights, such as the scope of the authority of the services due to operational control which is conducted secretly, the model of the functioning of the public prosecution service or the unlawful acquiring of evidence in a criminal procedure. The evaluation of these changes, conducted by the Ombudsman from the point of view of the constitutional standards of the protection of the rights of the individual is not positive. The new regulations reduce the quality of these standards and they do not contain sufficient guarantees of protection against the arbitrariness of the activities engaged in these terms by the organs of public authority. This phenomenon imposes a particular duty on the courts – which hear criminal cases – to see that the final decision in a criminal case respects the universal standards of the protection of human rights.

Keywords

EN

human rights; the protection of the rights of the individual; operational control; illegal evidence

• Publisher: Uniwersytet Śląski
• Journal: Problemy Prawa Karnego
• Year: 2018
• Volume: 2 (28)
• Issue: 2
• Pages: 205-211

Dates

published

2018

Contributors

author

Stanisław Trociuk

• Biuro Rzecznika Praw Obywatelskich

Identifiers

DOI

10.31261/PPK.2018.02.10

Biblioteka Nauki

1035696