Osoba podejrzana w polskim procesie karnym, czyli gdy niepewność jest gorsza od najgorszej prawdy. Analiza zagadnienia w świetle dyrektywy Parlamentu Europejskiego i Rady (UE) 2016/1919 oraz w ujęciu wiktymologicznym
A suspected person in a Polish criminal trial, i.e. when the uncertainty is worse than the worst truth. Analysis of the issue in the light of Directive (EU) 2016/1919 of the European Parliament and the Council and terms of victimology

Summary/Abstract: Each entity appearing in the criminal trial plays a specific role in it. This role is associated with having to submit to certain responsibilities. Therefore, the legislator must introduce appropriate mechanisms to the legal system that will protect the rights of a given participant of the trial. The purpose of this publication is to verify the hypothesis that, in the case of a suspected person, the Polish legislator did not provide that entity with adequate protection of its rights. Even though acting in this capacity is connected with bearing considerable legal and social consequences, it seems that the legislator did not adjust the provisions to the role played by the indicated entity. As part of the publication, attempts were made to investigate how the suspected person’s procedural position is shaped in the Polish legal system and what regulations in this respect are provided for in the law of the European Union. The conducted analysis concludes that the Polish legislator has implemented the provisions of EU directives into the legal system of the Republic of Poland to a minimum extent, which means that the suspected person is not protected to a sufficient extent, which may even lead to her victimization.

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