Rozszerzenie przypadków wydawania postanowienia o przedstawieniu zarzutów i stosowania środka zapobiegawczego bez uprzedniego przesłuchania podejrzanego w nowelizacji Kodeksu postępowania karnego z 7 lipca 2023 r..
Extension of the cases of issuing a decision to present charges and applying a preventive measure without prior interrogation of the suspect in the amendment to the Code of Criminal Procedure of 7 July 2023.

Summary/Abstract: The present study is dedicated to the analysis of the provisions of Art. 249(3a) and Art. 313(1a) of the Code of Criminal Procedure, which came into force following the adoption of the amending act of 7 July 2023 amending the Act – Code of Civil Procedure, the Act – Law on the Organization of Common Courts, the Act – Code of Criminal Procedure, and certain other acts. The subject of the study is to examine the justification for expanding the two-element catalog of cases of issuing a decision to present charges without announcing or interrogating the suspect, as well as applying a preventive measure. The aim of the study is to examine the consequences, both for the present and for the future, of introducing new exceptions to the design of presenting charges under Art. 313(1) of the Code of Criminal Procedure in the form of waiving interrogation due to the suspect’s health, intoxication, or influence of drugs. A broader analysis is also presented. The relationship between the amended provisions is also examined. As a result of the introduced amendment, suspects are often deprived of liberty (as part of temporary detention in preparatory proceedings) without being brought before the court, which violates the habeas corpus standard, one of the foundations of the European Convention on Human Rights. The research has also aimed to present the course of a detention hearing in the situation specified in the aforementioned provisions, especially the implementation of the right to defense, which the legislator partially realized by introducing the participation of defense counsel in the court hearing. The subject of the study is discussed against the background of judgments of European tribunals and common courts, applying available literature and commentary. A confrontation of views of legal scholars and commentators and European standards concerning human rights has allowed the author to present the consequences of the legislator’s decision to change the legal status based on Art. 249 and 313 of the Code of Criminal Procedure, as well as of the lack of systemic consistency between the new and the existing regulations regarding the application of temporary detention to the wanted list (Art. 279(3) of the Code of Criminal Procedure).

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