Habeas Corpus in Poland and in selected common law countries: a comparative legal analysis Cover Image

Habeas corpus w Polsce oraz w niektórych państwach kręgu common law. Analiza prawnoporównawcza
Habeas Corpus in Poland and in selected common law countries: a comparative legal analysis

Author(s): Przemysław Krawczyk, Bartosz Łukowiak
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: habeas corpus; arrest; detention on remand; coercive measures; criminal proceedings; common law;comparative law;

Summary/Abstract: In their article, Przemysław Krawczyk and Bartosz Łukowiak discuss the issue of the habeas corpus procedure. On the basis of a comparative legal analysis, they present a model of the functioning of this institution in Poland and in selected countries whose legal code is based on common law. Krawczyk and Łukowiak discuss in detail, among other things, the scope and the subject matter of this mode and the catalogue of guarantees associated with it. Their research has made it possible to compare the most important similarities and differences in the functioning of the habeas corpus privilege in the Polish legal code and in common law. This, in turn, has allowed them to assess the accuracy of some of the solutions known to the Polish criminal procedural law. This article contains extensive references to the views expressed on this mode both in the Polish and the Anglo- Saxon doctrine of the procedural criminal law and to the case law of the European Court of Human Rights and the United States Supreme Court.

  • Issue Year: 5/2021
  • Issue No: 2
  • Page Range: 1-30
  • Page Count: 30
  • Language: Polish