Gwarancje procesowych praw jednostki w postępowaniu represyjnym w świetle projektu nowelizacji ustawy z 24 sierpnia 2001 r. Kodeks postępowania w sprawach o wykroczenia
Guarantees of an individual’s procedural rights in the repressive proceedings in view of draft amendment to the Act of 24 August 2001, Code of procedure in case of petty offences

Summary/Abstract: The proposed amendments to the draft act amending the Act – Code of procedure in case of petty offences seems to call into question the constitutional and international standards that should be ensured in repressive proceedings in which the issue of an individual’s criminal liability is resolved. The assumptions that are to speak in favor of introducing these changes in the form of improving proceedings in cases of offense and relieving the courts (it should be mentioned that after the analysis of provisions of the draft one can notice that they were not fully effective) seem inadequate in relation to the burdens associated with the repressive proceedings in the proposed version. The draft assumes depriving the individual held responsible for breach of its basic procedual guarantees, i.e. the right to a fair trial, the presumption of innocence, the right to defense, and ultimately, it is proposed to prohibit worsening the procedural situation. In addition, the question arises whether the project is in fact intended to achieve the objectives on which the project initiator refers to in its content?

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