Monitor Prawniczy

no. 10/2015

Evidence in the amended Code of Penal Proceedings. Fundamental issues.

Kazimierz J. Pawelec
Autor jest adwokatem w Warszawie.
Abstract

Chapter V of the amended Code of Penal Proceedings which concerns evidence includes numerous changes which will become effective as of 1 July 2015. They should also be related to other changes since the intention of the legislator was to remodel the law of criminal proceedings, which will involve a change of approach, as well as the conduct of the parties and the court. The adversarial nature of the judicial process has been seriously increased, especially at the stage of court proceedings, whereas ex-officio actions of the court, frequently acting in lieu of the parties in the evidentiary process, have been limited. The model of preparatory proceedings has not been fundamentally changed and the prosecutor continues to be its exclusive host and decides about the type and scope of evidence. The parties have little control over prosecutor’s conduct. However, a considerable increase of the scope of legal assistance, beginning already upon detention, should be noted. Due to limited space, this publication discusses only selected though seemingly most important changes concerning evidence.