O POTRZEBIE ISTNIENIA SUROWOŚCI KARY JAKO SAMOISTNEJ PRZESŁANKI STOSOWANIA TYMCZASOWEGO ARESZTOWANIA. ROZWAŻANIA I WNIOSKI NA TLE WYKŁADNI ART. 258 § 2 K.P.K.
ON THE NEED FOR SEVERE PENALTIES AS AN INDEPENDENT REASON FOR APPLYING PRE-TRIAL DETENTION: CONSIDERATIONS AND CONCLUSIONS REGARDING THE INTERPRETATION OF ARTICLE 258 PARA. 2 OF THE CODE OF CRIMINAL PROCEDURE

Summary/Abstract: Article 258 § 2 of the Code of Criminal Procedure stipulates that pre-trial detention may be applied if the accused person is charged with a felony or offense with an upper threat limit of at least 8 years. This provision raised a number of controversies as to whether it could constitute an independent basis for the use of pre-trial detention without the existence of other specific conditions for the use of this measure, which led to the Supreme Court adopting a resolution in which it stated that this provision could be an independent basis for the use of pre-trial detention. However, this did not eliminate doubts about this provision, which in turn led to review of its compliance with the Constitution. Contrary to numerous criticisms of this provision, The author’s position is that its functioning is justified; however, it is correct to indicate that it requires the intervention of the legislator, which would force the court adjudicating on the application for detention on remand to indicate in concreto the factors justifying the use of this measure.

• Details
• Contents