Abstract

The article provides a concise description of changes provided for in the Act of 27 September 2013 amending the Code of Penal Procedure concerning the adversarial process before the first instance court. The amendment has introduced a principle that it is the parties that enjoy the evidentiary initiative in court proceedings, whereas the court may allow and hear the evidence ex officio only in exceptional cases justified by specific circumstances. What is more, the amending act limits the duties of the presiding judge by resigning from the imperative to clarify all material circumstances of a case, increases flexibility of the parties by making it possible for the public prosecutor to withdraw the indictment, eliminates the institution of returning the case for supplementing the preparatory proceedings and its remains at the stage of trial and allows parties to present so-called personal evidence. The amendment significantly transforms the present criminal proceedings before the first instance court by broader introduction of adversarial process.