ALUES IN THE LIGHT OF THE POLISH MODEL OF CRIMINAL PROCEDURE
ALUES IN THE LIGHT OF THE POLISH MODEL OF CRIMINAL PROCEDURE
Author(s): Marcin WielecSubject(s): Criminal Law, Penology, Sociology of Law
Published by: Editura Pro Universitaria
Keywords: Criminal procedure; autotelic values; praxeological values; legal system; criminal responsibility;
Summary/Abstract: The purpose of the text is to discuss the nature of criminal proceedings in the Polish legal system and to address the essence and importance of autotelic and praxeological values in this context. Criminal procedure arouses much controversy due to its interference with individual rights and freedoms. It consists of authoritarian powers of state organs, such as the prosecutor's office, police and courts, but also includes a number of procedural guarantees for the participants in the proceedings. Criminal liability, which is the most controversial legal responsibility, allows the deepest interference with the status of the free individual. It is important to ensure the balance of procedural positions, although this is not always possible. In criminal proceedings, there are autotelic values that are valuable in themselves and serve as the foundations of the process. These include human dignity, truth, justice and the rule of law. The proper attainment of these values is crucial to fair and honest criminal proceedings. Autotelic values are universal and universally accepted, and their realization is supposed to guarantee the fairness of the trial. In addition to autotelic values, there are praxeological values, which have an auxiliary function in the realization of autotelic values. They are instrumental values that support and facilitate the achievement of autotelic values. Ensuring the safety of the participants in the proceedings, trust in the procedural authorities, the integrity of the actions and the morality of the participants are important for the proper realization of the autotelic values. Autotelic and praxeological values play a key role in criminal proceedings. Their correct implementation ensures the fairness, justice and rule of law of the process, as well as the safety and trust of the participants. The pursuit of these values is fundamental to the quality of criminal proceedings in Poland.
Journal: Revista Facultății de Drept Oradea
- Issue Year: 1/2022
- Issue No: 2
- Page Range: 77-86
- Page Count: 10
- Language: English