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Wyznaczanie składu orzekającego w sprawach karnych

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Kwiatkowski Z.

Problemy Prawa Karnego

2018

vol. 2 (28)

issue 2

75-90

The article discusses the problem of the appointment of the adjudicating panel in criminal cases. The currently binding Code of criminal procedure introduced relevant regulations in reference to this question in Art. 351, which stipulates the following: § 1A judge or judges called on to hear the case shall be designated in line with the sequence of the cases submitted, from a roll of judges of the given court or department, known to the parties. Deviation from this rule is only allowed in the event of a judge’s illness or other important obstacle, which should be noted in the order designating the date of hearing. § 2 When an indictment includes a charge for a crime carrying a penalty of 25 years of deprivation of liberty or a life imprisonment, designation of the panel to hear the case shall, on a motion from the defence counsel or state prosecutor, be carried out by drawing lots at which they shall have a right to be present. The state prosecutor may bring the motion not later than within 7 days after the submission of the indictment, and a defence counsel, within 7 days from when the indictment was served on him. § 3 constitutes act-of-law delegation for the minister of justice for the issuing of the regulation in order to determine the detailed principles of designating the panel to hear cases by drawing lots. Such a regulation was issued on 2 June 2003 r. (Dz.U. of 2003, No 107, item no. 1007). The regulation which was quoted was developed with article 1 point 81 of the act of law issued on 11 March 2016 about the change of the act of law – the Code of the criminal procedure and some other acts of law (Dz. U. of 2016, Item no. 437), but in reality it did not come into force at all, for it was derogated with Article 4 point 1 of the act of law issued on 12 July 2017 about the change of the act of law – The law on the system of common courts and some other acts of law (Dz. U. of 2017, Item no. 1452). On the basis of Art. 41 Par. 1 of the act of law issued on 27 July 2001 – The law on the system of common courts in reference to Art. 20 of the aforementioned act of law issued on 12 July 2017 which amended the law on the system of common courts. The Minister of Justice, by issuing a regulation on 28 December 2017, changed the theretofore binding rules and regulations concerning the operation of common courts (Dz. U. of 2017, Item no. 2481) and determined therein the comprehensive rules as to the allocation of cases to the particular judges by drawing lots, the classification of cases into the particular categories and the principles of the establishment of multi-person panels.

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Wyznaczanie składu orzekającego w sprawach karnych