The Significance of Notifying the Legal Qualification of an Offence and Its Revision During Criminal Proceedings for the Defence of the Accused
The Significance of Notifying the Legal Qualification of an Offence and Its Revision During Criminal Proceedings for the Defence of the Accused
Author(s): Piotr Krzysztof SowińskiSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: legal qualification; subsumption; legal assessment; legal description; indictment; hearing; defence; obligatory defence; public prosecutor; fairness of the criminal trial
Summary/Abstract: The article presents issues concerning the legal qualification of a criminal act by the prosecutor, including the public prosecutor, the legal qualification of the fact, and the significance of this procedural act for the defendant’s ability to defend himself effectively. The relationship between the limits of accusation and the limits of examination of a criminal case and the scope of defence were presented. The author discusses the indication of changes in the legal qualification to the suspect or defendant and the court’s authorisation in this respect, with particular emphasis on the regulation provided by Article 399 § 1 of the Code of Criminal Procedure. Doubts about the application of Article 80 of the Code are discussed as well as its influence on the use of the institution of obligatory defence.
Journal: Roczniki Nauk Prawnych
- Issue Year: 28/2018
- Issue No: 3EV
- Page Range: 101-127
- Page Count: 27
- Language: English