Abstract

The article refers to one of the changes introduced by the Act of 27 September 2013 on the amendment of the Code of Criminal Procedure and some other legislative acts in the form of “the duty to inform the victim of their rights and duties” (Art. 300 § 2 of the CCP), which become effective as of 2 June 2014. The quoted provision is in line with one of the assumptions of the criminal law reform underlying the act of 27 September 2013, i.e. strengthening the procedural position of the victim. It is also an expression of de lege ferenda postulates which have long been made in professional literature, as well as transposition of EU laws to the Polish legal system.

The fact that “the duty to inform the victim of their rights and duties” has veeb introduced to the CCP should be assessed positively. However, the wording of Art. 300 § 2 arouses numerous justified objections. In view of the above, the author criticizes such wording, at the same time presenting de lege ferenda postulates.