DETERMINANTY NIELIBERALNEGO MODELU PROCESU KARNEGO. ZARYS PROBLEMATYKI
DETERMINANTS OF THE ILLIBERAL MODEL OF CRIMINAL TRIAL. OUTLINE OF THE ISSUES

Summary/Abstract: The aim of this article is to present the key areas identifying the shift away from a liberal criminal trial model towards an illiberal one. Among the key determinants, the author includes structural issues related to the weakening and social delegitimization of the judiciary. In the criminal-procedural aspect, he points to the strengthening of the investigative powers of the pre-trial authorities and the weakening of procedural guarantees, particularly the limitation of judicial review. The theoretical field of research refers to the concepts of proactive and reactive states as perceived by Mirjan Damaška, as well as the model of due process and crime control proposed by Herbert L. Packer. The author concludes that the characteristic feature of the illiberal (authoritarian) model is limiting the right of access to defense counsel and access to the case file, along with the de facto abandonment of consensual means of resolution, which significantly weakens the standard of a fair criminal trial.

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