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  1. 1 Forum Prawnicze

  2. 1 Ius Novum

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  1. 2 Kosonoga J.

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  1. 1 2020

  2. 1 2010

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Przesłanki postępowania przyspieszonego w sprawach karnych

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Kosonoga J.
Forum Prawnicze
|
2020
|
issue 1 (57)
72–90
EN
The expedited procedure is a type of special first-degree proceding which – apart from the cases specified in the Act on the Safety of Mass Events – is optional, also in cases of offenses prosecuted on the basis of private prosecution, if they are of hooligan nature. Insofar as it is permissible to reduce the formal requirements for charges to be presented in simplified proceedings, it is not possible to apply any simplification when it comes to evidence-based decision whether to file an indictment against a specific person. In cases involving offences prosecuted on the basis of private prosecution, it is not necessary to show public interest. Ap - prehension of the offender as a precondition of the procedure requires that all the conditions specified in Article 243 of the Code of Criminal Procedure are met. Apprehension “immediately after committing a crime” is not essentially equiva- lent to “in the pursuit immediately afterwards”. Time of suspect’s detention is counted to the nearest minute from the moment of actual deprivation of liberty or – in cases where suspect is apprehended – from the moment the apprehended person is taken over by the police.
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HOUSE ARREST AS A NEW PREVENTIVE MEASURE WITHIN THE PLANNED LEGISLATIVE CHANGES (Areszt domowy jako nowy srodek zapobiegawczy w projektowanych zmianach legislacyjnych)

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Kosonoga J.
Ius Novum
|
2010
|
issue 2
116-128
EN
The work is a presentation of the changes in the penal proceeding code being prepared by the Ministry of Justice. It is proposed to enlarge the catalogue of preventive measures by introducing the so-called house arrest. Analyzing the legislative proposals, the author made comments on the reasons for the use of a new means, its subject range and legal character. Sharing the idea of increasing the range of preventive measures alternative to detention awaiting trial, the author expressed critical opinions regarding the proposed solutions.
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