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EN
The paper analyses in detail the changes in civil procedures between 1989 and 2011. The analysis includes political and legal conditions affecting the accepted procedural solutions. It describes legislative developments in the successive parliamentary terms. Also, the authors present the intensive changes to the aforementioned law and the frequency of the initiatives proposed by the authorized bodies; this includes the adequate statistics and the information about the length of proceedings in the individual component chambers. The paper presents a comprehensive, unique deliberations on legislation, including judicial decisions of the Constitutional Tribunal as a negative legislator which initiates legislative work of the Civil Law Codification Committee, as well as the amendment to the civil procedure proposed by the Minister of Justice.
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2019
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vol. 17
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issue 3
37-50
EN
In his contribution, the author presents the work on the codification (initially on the Act) of procedural criminal law in Poland in the years 1919–1928. Those works were initially led by the Criminal Department of the Codification Committee, and then by the Criminal Proceedings Section of the Codification Commission. The first period of the work on the criminal procedure law was characterized by some disputes between the members of the Department, i.e. supporters of the classical school (E. Krzymuski) vs. the sociological school (J. Makarewicz), the discussion aiming at defining the relationship of procedural criminal law and substantive criminal law. The work on the draft law was carried out faster after the appointment (on 16 July 1920) of the Criminal Proceedings Section, which in 1924 published the first version of the draft criminal law bill. E. Krzymuski, A. Mogilnicki, Z. Rymowicz and E.S. Rappaport had played the main role in the development of the project. After a very deep criticism in the columns of Gazeta Administracji i Policji Państwowej [The Gazette of State Administration and Police], Ruch Prawniczy, Ekonomiczny i Socjologiczny [The legal, economic and sociological movement] and Palestra [The bar], the project was rejected. Only the second version of the bill prepared in 1925-1926, re-worked by the committee composed of W. Makowski, A. Mogilnicki and S. Śliwiński (appointed by the Minister of Justice), became the basis for the President of the Republic of Poland to adopt the first Polish Code of Criminal Procedure of 19 March 1928.
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