A Justified Departure from the Principle of Accusatorial Procedure in the Code of Criminal Procedure?
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Keywords

criminal proceedings, accusatorial procedure, criminal justice system, fair trial

How to Cite

A Justified Departure from the Principle of Accusatorial Procedure in the Code of Criminal Procedure?. (2020). Forum Prawnicze, 4(54). https://doi.org/10.32082/fp.v4i54.242

Abstract

Principle of accusatorial procedure states that criminal proceedings should be conducted only upon the request of a party and thus, the court cannot take the initiative. By the Act of 11 March 2016 the court?s right to demand supplementing preparatory proceeding during preliminary verification of indictment has been brought back to the criminal procedure. The possibility of adjourning or deferring the trial in order to demand additional evidence also has been restored. The aim of this study is to consider how these court powers affect the principle of accusatorial procedure and to answer the question whether departure from this principle is justified, for example, by the need to fulfill other principles of criminal proceedings.

PDF (Polish)

References