Abstract

The article concerns the reform of penal proceedings which becomes effective as of 1 July 2015. It discusses the mutual relations between the adversarial principles and the principle of substantive truth. It was noted that on the one hand the adopted regulations impose on the accused and the prosecutor the need of active struggle for a favourable verdict, and on the other allow the court exceptionally to examine the evidence ex officio. Activity or inactivity of the court with respect to evidentiary proceedings has been excluded from appeal proceedings. This may result in arbitrariness of court actions and profound differences between courts as regards the manner of proceeding. This, in turn, will lead to the state of uncertainty.

Also noted was the reformulation of the principle of presumption of innocence. It was shown what might be its consequences arising in connection with the adversarial and substantive truth principle.

Finally, the article polemicizes with the possibility of accelerating – as a result of the reform – court proceedings. First of all, pointed out here is the changed role and function of the defence attorney in penal proceedings. Responsibility for the outcome of the case put on the shoulders of the prosecutor and the defence attorney may turn out to be a factor significantly diminishing the will „to settle” on the part of the accused, and thus significantly restricting the application of Art. 335 and 387 of the Code of Penal Proceedings despite formal expansion of the scope for their application. Granting defence rights to several score thousand legal counsellors my also prove not to be indifferent from this viewpoint.