The role of the legal representative of the injured party in the course of a preliminary hearing in the consensual model of judicial proceedings Cover Image

Rola pełnomocnika pokrzywdzonego w toku wstępnego badania sprawy w konsensualnym modelu postępowania sądowego
The role of the legal representative of the injured party in the course of a preliminary hearing in the consensual model of judicial proceedings

Author(s): Jarosław Zagrodnik
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: legal representative; legal advisers; injured party; subsidiary prosecutor; consensual model of judicial proceedings; preliminary hearing

Summary/Abstract: This article addresses the role of legal representatives of injured parties as it relates to the application of legal structures that provide the opportunity to terminate criminal proceedings without holding a trial, on the grounds of a consensus between the parties to legal disputes that arise out of criminal offenses. The choice of subject matter was inspired by amendments to the Code of Criminal Procedure that put in place a fundamental reform of criminal procedure, namely the amendment of September 2013 and the amendment of February 2015, which significantly broadened the scope of the professional powers enjoyed by legal representatives of injured parties (i.e. subsidiary prosecutors), including, needless to say, legal advisers acting in this capacity within the consensual model of judicial proceedings. Presentation of the aforementioned powers – against the structure of the procedure in which the court considers the case and adjudicates at a hearing in the course of preliminary examination – lends itself to demonstrating the impact of the injured parties’ representatives on guaranteeing the greatest likelihood of receiving substantive justice within the conditions of the above-mentioned hearings of the court.

  • Issue Year: 2015
  • Issue No: 4
  • Page Range: 134-158
  • Page Count: 25
  • Language: Polish