Ciężar dowodu i obowiązek dowodzenia okoliczności wpływających na wymiar kary i innych środków reakcji karnej
The Burden of Proof and the Obligation to Prove Circumstances Affecting the Imposition of Penalties and Other Means of Criminal Response

Summary/Abstract: Constructions of the burden of proof and the obligation to prove, customarily applied to circumstances relevant to the conditions of criminal liability, can also be applied to circumstances affecting the imposition of penalties and other means of criminal response. The author argues that the burden of proof concerning the second type of circumstances generally rests on the prosecutor, however, certain exceptions from this rule may be made. In this regard, the obligation to prove is also examined, leading to the claim of the increased role of the court in this process. The author makes de lege ferenda postulate to introduce a separate phase of criminal proceedings in which the court, having previously determined that criminal liability should be attributed to the accused, would only examine the circumstances affecting the imposition of penalties and other means of criminal response.

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