Dobrowolne poddanie się odpowiedzialności karnej. Zmiany przepisów oraz ich wpływ na model i sprawność postępowania. Uwagi praktyka
Voluntary surrender to criminal liability. Changes in legislation and their impact on the model and efficiency of proceedings. A practitioner’s comments

Summary/Abstract: The study analyzes the legislative changes made by the Act of July 7, 2022 on amendments to the Act – Criminal Code and certain other acts, regarding the institution of voluntary surrender to criminal liability under Article 387. The new regulation changed the powers and position of the prosecutor in court proceedings with regard to the issue in question by making the court’s decision to grant the request conditional on his consent. The purpose of the analysis is to assess the expediency and legitimacy of the changes made and their impact on the model and efficiency of the criminal trial. The research carried out by investigation of the law in force and of legal commentary and taking into account statistical data, has led to the conclusion that the changes made did not constitute a real response to the needs of judicial practice, created a danger of limiting the use of the institution in question and prolonging the duration of the criminal trial, as well as increased the imbalance of parties to judicial proceedings.

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