Understanding Art. 306 of the Code of Criminal Procedure in the Light of the Interpretation Emerging in Judicial Practice Cover Image

Sens artykułu 306 Kodeksu postępowania karnego w świetle interpretacji pojawiającej się w praktyce sądowej
Understanding Art. 306 of the Code of Criminal Procedure in the Light of the Interpretation Emerging in Judicial Practice

Author(s): Adam Banaszkiewicz
Subject(s): Politics / Political Sciences, Public Administration, Public Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: art. 306 CCP; criminal proceedings; refusal to initiate an investigation; discontinuance of the proceedings; complaint against the prosecutor’s decision

Summary/Abstract: The article is the author’s reflection on the meaning and understanding of, and thus the practical application of certain provisions of the art. 306 Polish Code of Criminal Procedure. The point is to make a complaint against the decision to initiate the investigation. In practice, the operation of the courts there is a tendency to recognize that the holder who has submitted a complaint in the case, when it was considered favorably and the prosecutor’s office took up the case, but ultimately concluded that there are no grounds for prosecution to the court, as a result, discontinued the proceedings, no longer have the right to appeal against a decision of such redemption. This would be the effect of early exercise of the right to bring a complaint. The author shows that this reasoning is wrong.

  • Issue Year: 2016
  • Issue No: 08
  • Page Range: 167-174
  • Page Count: 8
  • Language: Polish