Pozycja pokrzywdzonego w świetle nowelizacji Kodeksu postępowania karnego z 19 lipca 2019 r.
The Position of the Injured Party in the Polish Code of Criminal Procedure as Amended on 19 July 2019
Author(s): Aleksandra Limańska, Marta PustułaSubject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: injured party; criminal process; motion to prosecute; questioning; minor; subsidiary complaint; auxiliary prosecution counsel; order for payment; injunctive judgment; amendment
Summary/Abstract: This article addresses some amendments of the Polish Code of Criminal Procedure in so far as they affect the position of the injured party. The Act of 19 July 2019 amending the Polish Code of Criminal Code provides for a number of changes relating to that participant of criminal proceedings. The paper deals with the extension of the time limit within which it is possible to withdraw a motion to prosecute, changes to the so-called subsidiary complaint, setting a deadline for questioning the injured under Articles 185a and 185c of the Polish Code of Criminal Procedure or serving the injured party with an order to pay (injunctive judgment) alongside the instructions on how to appeal against the judgment and simultaneously file a statement that the injured will act in the capacity of a subsidiary prosecution counsel. The analysis is aimed to establish whether those changes have led to the strengthening or weakening of the position of the injured party.
Journal: Problemy Prawa Karnego
- Issue Year: 30/2020
- Issue No: 4
- Page Range: 127-148
- Page Count: 22
- Language: Polish