Limiting the openness of trials in the early days of the covid-19 pandemic Cover Image

Ograniczenie jawności zewnętrznej procesu w dobie początków pandemii COVID-19
Limiting the openness of trials in the early days of the covid-19 pandemic

Author(s): Weronika Ścibor
Subject(s): Criminal Law, Health and medicine and law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: criminal law; the principle of openness of the trial; the right to a court; limitation of the principle of openness of the external trial; legal conditions caused by the COVID-19 pandemic;

Summary/Abstract: The article discusses the problem of limitation of the main principle of criminal trial which is the principle of external openness of the trial, in the era of the beginnings of the COVID-19 pandemic. Attention is drawn to the concept of the principle of external openness in the light of the Polish Constitution, international law, the Code of Criminal Procedure, and also the essence of "force majeure" known by the provisions of the Code of Civil Procedure and the transfer of this institution to the criminal law. The assumption of the undertaken subject is to assess the legitimacy of court presidents' orders and their compliance with the law. The aim of the article is to indicate the impact of limiting the openness of the external trial on the fairness of the trial. Using the observational method, the following article is based on legal acts that are sources of Polish law, court presidents' orders on limiting the openness of hearings in the COVID-19 pandemic and auxiliary literature on criminal procedural law.

  • Issue Year: 37/2023
  • Issue No: 1
  • Page Range: 53-67
  • Page Count: 15
  • Language: Polish