Rozszerzenie przyczyn wyłączenia sędziego z mocy prawa jako wzmocnienie gwarancji bezstronności sądu w polskim procesie karnym
Expanding the grounds for excluding a judge by operation of law as a way to strengthen the guarantee of court impartiality in the Polish criminal process..

Summary/Abstract: The purpose of this article is to identify other reasons for legally disqualifying a judge, beyond those specified in Article 40(1) of the Code of Criminal Procedure. The research thesis provides that it is necessary to enhance the guarantees of court impartiality by expanding the list of circumstances that legally disqualify a judge from participating in a case. The discussion relies on the method of investigation of the law in force and of views of legal scholars and commentators. It reveals that a judge should be excluded by operation of law from participating in a case in which he or she has done the following: applied or extended pre-trial detention in preparatory proceedings, referred the case to the prosecutor for supplementing the investigation or inquiry, ruled in a case from which materials were excluded for separate proceedings in relation to persons collaborating in committing a crime – as regards this case, ruled in an appellate court panel that reversed the judgment and referred the case for re-examination (be it in second or first instance), ruled in a case related to proceedings for compensation for an unjust conviction or a clearly unjust pre-trial detention or arrest.

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