Functioning of Procedural Agreements in the Polish Legal System in Comparison with the Solutions Adopted by German Legislation
Functioning of Procedural Agreements in the Polish Legal System in Comparison with the Solutions Adopted by German Legislation

Summary/Abstract: The history of consensual litigation in Polish criminal proceedingsdates back to the 1990s. It is based on the assumption that the participants in theproceedings will come to an agreement on the resolution of the conflict, whichwill then be accepted by the court. This solution was most popular between2010 and 2015. Since 2016, however, a change in attitudes towards consen-sual modes has been very noticeable. While the consensual method speeds upcriminal proceedings, opponents point to shortcomings - there are even calls toabandon their use in Poland. In the Federal Republic of Germany, on the otherhand, informal procedural agreements, called Absprachen, existed for severaldecades, and these agreements accelerated the course of proceedings. How-ever, it was only decided to regulate this issue after several decades. In thisarticle, I will characterise the reasons for the introduction and development ofprocedural agreements in the Republic of Poland and in the Federal Republicof Germany.

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