Monitor Prawniczy

no. 17/2015

Preventive measures – new regulations in the Code of Criminal Procedure. Basic issues

Kazimierz J. Pawelec
Autor jest adwokatem w Warszawie.
Abstract

Preventive measures, especially provisional detention, are among coercive measures arousing interest of the general public. Poland has been frequently criticized for overusing them, which is evidenced by international case law. Will this type of criticism be aroused also by the regulations which have become effective as of 1 July 2015? It is hard to say since the practice of their application has not been developed yet, and very few studies on the subject have been published. This publication discusses the amended regulations concerning preventive measures. It outlines the prerequisites for their application, while at the same time stressing the minimality principle. Considering the fact that the new regulations directly rely on those that were so far in force by referring to extensive case law and academic studies, it has lost nothing of its topicality.