Monitor Prawniczy

no. 24/2019

Notification of the victim of the main trial or adjudication session in light of Art. 337a § 1 of the Code of Criminal Procedure

DOI: 10.32027/MOP.19.24.5
Dorota Czerwińska
Autorka jest asystentką w Katedrze Postępowania Karnego na WPAiE Uniwersytetu Wrocławskiego.
Abstract

The article discusses the matter of notifying the victim of the main trial or adjudication session with respect to Art. 337a § 1 of the Code of Criminal Procedure applicable from 15 April 2016 to 4 October 2019. The provision verbally required such notification only if the victim has requested such notification. However, the provision was in a potential conflict especially with Art. 350 § 4 oif the Code. In the Supreme Court case law this conflict was resolved in favour of Art. 337a § 1 as lex specialis. The article, however, basing on literature, proposes a teleological interpretation of this provision which leads to the conclusion that notification of the victim before the session or main trial was obligatory. The deliberations remain valid although the provision has been amended since the issue still remains topical for the purpose of establishing whether the victim has been duly notified of the trial or session before 4 October 2019 in cases that are still pending.