Standards for the Protection of the Rights of Parties to the Proceedings and Interpretation of Article 185a of the Code of Criminal Procedure — Comments Against the Background of the Doctrine and Case-Law
Standards for the Protection of the Rights of Parties to the Proceedings and Interpretation of Article 185a of the Code of Criminal Procedure — Comments Against the Background of the Doctrine and Case-Law

Summary/Abstract: The first part of this study discusses the concept of the ‘best interests of the child’ in the context of maintainingprocedural standards related to the act of interviewing a minor. The aforementioned term, inherently vague in its connotativesense, encompasses widely recognised components, including ensuring minors’ emotional stability and fostering their senseof self-esteem, even in situations where they are required to participate in criminal proceedings. The second part, in turn, presentsthe rationale behind strengthening the idea of procedural standards concerning the application of Article 185a of the PolishCode of Criminal Procedure, in light of the guaranteed function of criminal proceedings. The scientific method adopted for thisstudy is reflected in the legal analysis of not only the relevant legal provisions but also the positions of legal doctrine and caselaw, framed with reference to real-life cases of minors being interviewed. The conclusion of the study contains de lege ferendapostulates, advocating for the need to clarify the discussed legal issues, particularly from the perspective of refining their legalnature, viewed through the lens of the concept of fair criminal proceedings and the protection of minors’ rights.

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