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EN
According to the 1948 definition by the criminal law professor Bronisław Wróblewski, the language of law is the language of acts of law, while the legal language is the language of court documents, legal commentaries and academic theses. Although there are numerous publications devoted to specialist terminology for the most popular languages, the sources for the Italian language are scarce, which makes it difficult to learn and apply the correct terms. In the article the author points to the pitfalls awaiting Polish translators of Italian law and legal texts, and proposes her own translations of selected Italian criminal law terms. In addition, she refers to the works of Gianrico Carofiglio, Italian writer and prosecutor, who has written a criminal trilogy featuring the defence counsel Guerrieri. Carofiglio’s crime novels, published in Poland between 2008 and 2010 by WAB, enable the readers to become familiar with the rich modern terminology of law and legal documents; in addition, the Polish translations can be an excellent tool for the future and current Italian language translators who explore the complexities of the legal language.
EN
The requirement of legal decision-making in criminal proceedings has never been more desirable than in the era in which we are witnesses of numerous procedural errors leading to the violation of fundamental rights and freedoms, especially the right to personal freedom. In this regard, it is therefore not surprising that the decision making practice of judges in criminal proceedings is currently facing considerable media pressure, which after recent legislative changes concerning the shortening of the term of collusive custody, or the declaration of an explicit requirement for judges to consider the reasonableness of the accusation when deciding on custody, increased even more. However, the contribution in question looks at the issue of decision-making about custody through the lens of the right to a fair trial before an independent and impartial court.
EN
The authors refer to the importance of the defendant's deposition as evidence in view of the fact that the defendant has a right, but not an obligation to depose. They also refer to the importance of giving instruction to the defendant in view of the facts mentioned above. For the support of allegations and conclusions they use, among others, the comparison with Hungarian, Czech and US criminal proceedings.
EN
In the article, the authors pay attention to the clarification of the principle of ne bis in idem in terms of the concurrence of disciplinary proceedings and criminal proceedings in relation to the sanctioning of a judge for the same act. They focus mainly on the decision-making activities of the European Court of Human Rights, the Slovak and Czech courts. At the end of the article, they express their own opinions on the possibility of optional cessation of criminal prosecution of a judge after he was sanctioned for the same act in disciplinary proceedings.
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