Uzyskanie prawa do obrony w świetle polskich standardów konstytucyjnych
Obtaining the right to defence in the light of Polish constitutional standards

Summary/Abstract: This study deals with the issue of obtaining the right to defence. The fundamental research problem is contained in the question to what extent the provisions of the Code of Criminal Procedure concerning the moment of obtaining the right to defence correspond in this aspect to the constitutional provisions. The dogmatic-legal method and the method of analyzing the literature and judicature allowed to verify the hypothesis concluding that the Constitution determines the moment of obtaining the right to defence much earlier than the act does. The analysis of the relevant regulations led to the conclusion that, in the light of statutory provisions, the right to defence is granted from the moment of obtaining the formal suspect status, which, however, is not in line with constitutional standards. Ac- cording to constitutional regulations, this right is granted from the moment of taking the first action against a given individual.

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