Zasada prawa do obrony oraz rola i funkcja obrońcy w polskim oraz niemieckim postępowaniu karnym – analiza porównawcza
The Principle of the right to defence and the role and function of defence counsel in Polish and German criminal proceedings – a comparative analysis

Summary/Abstract: The following paper compares the principle of the right to defence in Polish criminal proceedings with the principle of the right to defence based on the Code of Criminal Procedure in the Federal Republic of Germany – Strafprozessordnung. The juxtaposition also concerns the role and function of defence counsel during criminal proceedings in Poland and Germany. The criminal law systems in force in Poland and Germany have similar grounds, thus the rules of criminal procedure are also comparable. Therefore, the principle of the right to defence is, in the premises, congruent. Nevertheless, there are slight disparities that are worth highlighting. There are fundamental discrepancies as to the role of defence counsel, and which persons may act as defence counsel in criminal proceedings in Poland and in Germany. This study was conducted applying a comparative method based on the applicable procedural regulations, comments, and available publications and monographs.

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