Między efektywnością i szybkością procesu karnego a gwarancyjnym charakterem norm procesowych. Proces karny w perspektywie kryzysu uznawalności
Between the efficiency and speed of the criminal process and the guarantee character of procedural norms. The criminal trial in the perspective of the recognition crisis

Summary/Abstract: The study is devoted to the analysis of the significance of two fundamental and at the same time opposite tendencies determining the directions of development of procedural regulation: striving to ensure the efficiency of criminal proceedings and maintaining the guarantee functions at the required standard of reliability of the process. During the intensive works on the amendment of the Code of Criminal Procedure, an attempt was made to present hypotheses concerning the scope of changes in the procedure, taking into account both assumptions in an appropriate manner. The analysis is conducted in the context of a crisis of recognition related to the changes in the systemic sphere of the judiciary and the public prosecutor’s office that affect the social perception of criminal procedure. The reflections focused on the function of procedural rules. Recognising the difference between codified and uncodified procedural rules, the study presents the concept of broadening the scope of the former. The basis for the proposal to supplement the latter, regulated in the Code of Criminal Procedure, was, on the one hand, an assumption that the formalisation of some of the hitherto uncodified rules would increase their significance at the level of interpretation and application of procedural law. On the other hand, there is a need for such normative expression of the principles subject to the codification proposal in the text, so that they serve the realisation of both essential functions of the criminal process at the same time and so that they guarantee an appropriate level of efficiency in the realisation of procedural objectives, while at the same time increasing the level of guarantee regulations in the indicated areas. The proposals put forward make it possible to ensure the fulfilment of the state’s function of public ius puniendi and to ensure social acceptance based on compliance with the fair trial standard.

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