Taktyczne zasady przeprowadzania eksperymentu w realizacji zasady wolności działalności gospodarczej w postępowaniu w sprawach o wykroczenia
Tactical experimentation in the implementation of the principle of business freedom in minor crime proceedings

Summary/Abstract: The purpose of this article is to present the implementation of the principle of business freedom by presenting the tactical principles for conducting an experiment in minor crime proceedings through the perspective of doctrine and case law. The subject of the article is the principle of freedom of economic activity. A dogmatic method has been applied. The conclusions of the analysis concern the overall observance of the tactical and procedural principles of performing the title experiment and the submission of constructive comments covering the procedural and tactical changes in question. Recommendations are focused around taking into account the principle of deepening the trust of citizens, including entrepreneurs, in state bodies in any minor crime proceedings. This article is an academic contribution to the development of the principles of performing an experiment as a procedural and forensic activity in the context of respecting the principle of freedom for business activity. The scope of the article includes tactical preparation for the conduct of the experiment; tactical determination of the composition of the team conducting it, together with tactical division of roles among those who are to take part; tactical securing of the place of the experiment and the objects necessary for its conduct; continuous verification of the forensic version and the explanations or testimonies given; the need to conduct the experiment under conditions identical or as close as possible to those in which the events took place; observance of the principle of objectivity; observance of the principle of proactivity; observance of the principle of thoroughness; tactical elaboration of the experimental plan; consideration of the tactical need to conduct the research in stages; observance of the principle of documentation of the activities; observance of the principle of repetition of the experiment; the opportunity to carry out questioning or other evidentiary activities during the experiment.

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