Podmioty uprawnione do wniesienia skargi prywatnej w postępowaniu karnym
Entities authorized to submit a private complaint in criminal proceeding

Summary/Abstract: A victim, according to Article 59 of the Code of Criminal Procedure, may, as a private prosecutor, bring and support charges for crimes prosecuted by private prosecution. In addition, another victim of the same act may, up to the commencement of the trial of the case at the main hearing, join the pending proceedings. Positive prerequisites for the initiation of private prosecution are the prosecution of a private prosecution crime, the filing and support of a private prosecution, the payment of a fee - the so-called lump-sum equivalent of expenses. Negative grounds, on the other hand, include: the accession of the prosecutor to the trial in accordance with Article 60 § 1 of the Code of Criminal Procedure, which makes the proceedings from that point on take the form of a public prosecution, the abandonment of private prosecution expressly or concretely - through the unexcused absence of the private prosecutor from the conciliation session or the main trial, the statute of limitations on criminality and other negative grounds. This study discusses the regulations contained in the Criminal Procedure Code of 1997 regarding the subjects entitled to bring a private complaint. The main thrust of the considerations undertaken by the Author is a detailed discussion of the active legal standing to initiate criminal proceedings for crimes prosecuted by private prosecution. In addition, the article includes a discussion of the issues related to the essence of cri- minal proceedings for such crimes. The research goal of the paper is to acquaint the Reader in detail with the regulations on the issues indicated here from the point of view of criminal procedural law. The main research hypothesis formulated by the Author is as follows: legal regulations on the subjects entitled to file a private complaint contained in the 1997 Law of the Code of Criminal Procedure are correct. The work uses such re- search methods as analysis of legal texts and dogmatic and jurisprudential analysis. The conclusions of the work, a detailed description of which is provided in the conclusion, confirm the research hypothesis.

• Details
• Contents