Obrona obligatoryjna w polskim procesie karnym – zagadnienia wybrane
Obligatory defense in the Polish criminal trial – selected issues

Summary/Abstract: The following article presents one of the most significant institutions in the penal process, namely the obligatory defense. The importance of the right to defense in the criminal trial is explained. The article discusses the prerequisites of appointing a lawyer in a criminal trial as an obligatory defense attorney. All the prerequisites of the obligatory defense, which are specified in Article 79 § 1, subparagraphs 1–4 of the Polish Code of Criminal Procedure, are analyzed. In particular, the maximum age of the perpetrator of the offence, set by the Code, which constitutes a prerequisite for appointing an obligatory defense, is discussed. Physical and mental disabilities are also pointed out, explaining which ones result in the obligation for the accused to have an obligatory defense. The prerequisite for the use of obligatory defense in the form of interference with the defendant’s self-reliance and reasonableness in criminal proceedings is critically evaluated. In conclusion, the author presents suggestions for changes in the normative regulations of obligatory defense, emphasizing the need to keep the provision of Article 79 § 2 of the Polish Code of Criminal Procedure, allowing greater freedom for the court appointing an obligatory defense counsel.

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