Istota i zakres ujawnienia protokołów i dokumentów na rozprawie w świetle nowelizacji Kodeksu postępowania karnego z 19 lipca 2019 r.
The nature and scope of disclosure of protocols and documents at the court hearing in the light of the amendment to the Code of Criminal Procedure of 19 July 2019

Summary/Abstract: The article contains an assessment of the solution regarding the automatic inclusion of evidence introduced into the Polish legal system according to the amendment of July 19, 2019. The legislator, wanting to abolish unnecessary formalism, introduced a legal norm stating that when the court case is closed, all protocols and documents subject to reading at the hearing that has not been read are disclosed. However, the legislator did not exclude the application of Articles 352 and 368 of the Code of Criminal Procedure requiring a decision made by the court or the chairman of the adjudicating panel regarding the inclusion of these protocols and documents to evidence. This solution raises several doubts. The text presents considerations regarding the mutual relations of provisions governing disclosure of protocols and documents at the hearing. Comments were also made regarding the importance of introducing into the Polish law the automatic inclusion of evidence and an assessment of the compliance of this type of solution with the right of the party to a fair trial. The author indicates the need to amend the content of Article 405 of the Code of Criminal Procedure.

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