Istota, przejawy i korzyści konsensualizmu w de lege lata polskim procesie karnym – wybrane zagadnienia na tle trybu publicznoskargowego
The essence, manifestations and benefits of consensualism in the de lege lata Polish criminal process – selected issues against the background of the public complaint procedure

Summary/Abstract: Although consensualism is an inherent element of the Polish criminal process,there is no consensus on how to understand this phenomenon. For example,it is believed that consensualism is implemented through criminal trial agree-ments. It is also believed that selected normative manifestations of consensual-ism make it possible to isolate the principle of consensualism within the criminalprocess. It is also pointed out that it is possible to distinguish a model of the crim-inal process based on consensualism – the consensual model. The aim of thisstudy is to present different perspectives on the perception of consensualismthat can be seen in the doctrine of criminal procedural law. The article also presents selected criminal procedural institutions present in the Polish crim-inal process de lege years. After analyzing the above matter, an attempt wasmade to calculate the benefits of consensual criminal proceedings for the in-jured party, the accused and the justice system. It seems worth summarizingthe previous considerations in the literature on the subject, as well as makingan attempt to systematize this issue.

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