O trzech zaniechaniach projektowanej nowelizacji Kodeksu postępowania karnego (postulowane zmiany dotyczące właściwości rzeczowej, jednolitej formy postępowania przygotowawczego i składu sądu)
On Three Omissions in the Draft Amendment to the Code of Criminal Procedure (Proposed Changes Regarding Subject-Matter Jurisdiction, a Unified Form of Preparatory Proceedings, and the Composition of the Court)

Summary/Abstract: The purpose of the study is to propose additional changes that could usefully broaden the amendment to the Code of Criminal Procedure prepared by the Criminal Law Codification Commission in October 2024. The article discusses the draft aimed at introducing significant changes in criminal proceedings, focusing on three key aspects: the jurisdiction of the courts, the composition of the court, and the introduction of a single, unified form of preparatory proceedings, namely the investigation. First, the proposed changes concerning the jurisdiction of the courts aim to clarify the division of cases between the different levels of the judiciary. In the author’s view, the composition of the court should guarantee compliance with the constitutional and conventional standard of a fair trial. The proposals aim to improve the efficiency of case management and reduce the burden on higher courts by delegating certain categories of cases to lower courts. Second, given the lack of differences between the two current forms of preparatory proceedings, there should be only one form of preparatory proceedings under enhanced prosecutorial supervision. The current provisions in this respect are outdated and difficult for the preparatory proceedings authorities to apply, and successive amendments fail to resolve the problem comprehensively. Finally, the reform proposes changes to the composition of the court — the new provisions would specify when cases should be decided by one or three judges, depending on the complexity and seriousness of the case. Taking these proposals into account is intended to lead to faster, more effective adjudication and fair conduct of criminal proceedings.

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