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  1. 1 Problemy Prawa Karnego

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  1. 1 Kępa P.

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Ustrojowe gwarancje praw zatrzymanego jako wzorce sądowej kontroli zatrzymania w polskim procesie karnym

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Kępa P.
Problemy Prawa Karnego
|
2018
|
vol. 2 (28)
|
issue 2
43-60
EN
The purpose of the article is to draw attention to the fact that the Polish legal system features system-related guarantees of the rights of the detainee which are regulated in a multi-centric system of law, consisting of a set of constitutional norms and legal international norms, which create the models of judicial control of detention in a Polish criminal lawsuit. The article puts forward a thesis that the Polish system features the socalled dispersed control of constitutionality, which is erroneously considered a synonym of the concept of the so-called direct application of the constitution. The questions under discussion are analysed by means of a formal-dogmatic method. The article also discusses the possibility of the participation of assistant judges in the exercise of judicial control of detention, with reference to the recent modification of the system-based position of assistant judges.
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