Monitor Prawniczy

no. 10/2014

The request of the injured party to discontinue criminal proceedings in accordance with Art. 59a of the Penal Code

Radosław Koper
Autor jest zatrudniony w Katedrze Prawa Karnego Procesowego WPiA Uniwersytetu Śląskiego.
Abstract

The article is dedicated to the issue relating to the new regulation of the criminal law and process. The act of amendments to the Penal Code and the Code of Criminal Procedure of 27 September 2013 introduced the possibility to discontinue criminal proceedings concerning indictable offences owing to the fact that the perpetrator remedied or compensated the damage. The discussion has been narrowed down to one of the requirements of that regulation, namely filing a request for discontinuance by the injured party. Against this background, the most important and most typical issue and problems have been presented. The analyses have been done with a view to the new regulations in this respect which will become effective as of 1 July 2015. Advantages of the new solutions have been stressed, though also their disadvantages have been indicated, amongst which there is an objection of a constitutional nature and doubts arising from the fact that the regulation concerning the procedure of filing and considering the request is quite modest.