Odpowiedzialność adwokata lub radcy prawnego w sprawach o wykroczenia drogowe a uprawnienie do korzystania z ochrony prawnej przysługującej sędziemu i prokuratorowi
Liability of an advocate in cases related to road traffic offenses and the right to use legal protection vested in a judge and a public prosecutor

Summary/Abstract: The article analyzes the possibility of invoking by a lawyer or legal adviser thelegal protection guaranteed during and in connection with the performance of professionalactivities. This protection guarantees the unrestricted practice of the professionof advocate or legal adviser and ensures that citizens can effectively exercise their rightto defence. The author argues that the concept of legal protection cannot be equatedwith the immunity guaranteed to judges and prosecutors, which results in the exclusionof liability. This position has been confirmed in the jurisprudence of common courts.In many cases concerning traffic offenses committed by advocates or legal advisers, thecourts have to deal with instrumental treatment and over-interpretation of the legal protectionguaranteed in the constitutional acts of the bar and legal advisers. The jurisprudenceof the courts is a reaction to attempts to abuse the discussed institutions anda manifestation of the need to systematize the meaning of the terms “immunity” and“legal protection”.

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