Procedural balance as a goal and condition of fair criminal proceedings in the light of recent legislative amendments Cover Image

Równowaga procesowa jako cel i warunek praworządnego postępowania karnego w świetle ostatnich zmian prawnych
Procedural balance as a goal and condition of fair criminal proceedings in the light of recent legislative amendments

Author(s): Maria Rogacka-Rzewnicka
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Philosophy of Law, Court case, Administrative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: criminal proceedings; procedural balance; fair criminal proceedings; rule of law

Summary/Abstract: The article addresses the issue of procedural balance, recognising this category as an important objective of criminal proceedings and a determinant of their fairness and legality. After general reflections on procedural balance from a philosophical, historical and comparative perspective, the study presents specific examples of violations of procedural balance in successive amendments to the Code of Criminal Procedure between 2016 and 2023. The scope and severity of the violations identified are not insignificant from the point of view of the reliability and rule of law of criminal proceedings. They reinforce the belief that procedural balance in criminal proceedings is an important and timeless legislative category.

  • Issue Year: 2026
  • Issue No: 57 (1)
  • Page Range: 55-74
  • Page Count: 20
  • Language: Polish
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