Zażalenie na postanowienie o odmowie wszczęcia dochodzenia jako prawna forma działania wojewódzkiego konserwatora zabytków
Complaint against the decision on refusal to institute an investigation as a legal form of action of Provincial Monument Conservator

Summary/Abstract: The legal system functioning in a particular national, organizational, and legal cultural context may have a significant impact on the scope of the protection of monuments. The aim of this paper is to analyse complaints against a decision of a voivodship conservator concerning refusal to initiate an investigation as a legal form of the conservator’s activities. While it is common for a perpetrator to have a different legal assessment of an act than the law enforcement agency, it is an entirely different matter when a public authority prosecutor and a law enforcement agency acting as public prosecutor have different views on the prosecution of a case, for example with respect to the scope of application of the clause of insignificant social harm in an act. Beyond the role of a complaint as provided for in the Code of Criminal Procedure, the educational and informative values of taking a formal action are emphasised.

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