Polish Criminal Procedure - winter

optional courses

This course is designed to acquaint foreign students with basic information on the Polish system of administration of justice in criminal cases. Emphasis is placed on analyzing the legal provisions as well as their practical use. Students’ familiarity with provisions of criminal procedure in their country of origin will be helpful to compare provisions in different systems.

Classroom

The course presents a general overview of the Polish criminal procedure as well as the organization and structure of the Polish system of law enforcement agencies and the judicial system. The main issues discussed during classes regard the participants in the criminal proceedings, the evidence law, coercive measures and the course of the proceedings in criminal cases.

Introduction to Polish Criminal Procedure lecture is to provide students with:

• The essence, subject and course of criminal procedure. Sources of criminal procedural law. Division and short characteristics of individual participants in the criminal proceedings.

• Judiciary in criminal cases. Independence of Judiciary. Disqualification of a judge. Jurisdiction of the court. Composition of the court.

• Law enforcement agencies. State prosecutor’s office – system and principles of action. Characteristics of remaining agencies conducting preparatory proceedings.

• Parties to the proceedings. An injured party. Public prosecutor. Subsidiary prosecutor. Private prosecutor. The accused.

• Parties’ legal representatives. Defence counsel. Attorney. Statutory representative and other participants in the proceedings.

• Evidence. Basic principles of the evidence law. Ways of evidence examination: questioning, crime scene inspection, examination of a person, material object or the corpse. Procedural experiment.

• Characteristics of evidence. The accused. Witness. Expert. Other items of evidence.

• Coercive measures – division, principles of establishing and applying. Apprehension and arrest. Preventive measures – general principles. Preventive detention. Preventive measures not involving deprivation of liberty.

• Searching for the accused and the wanted notice. Safe conduct. Seizure of objects and searches. Wiretapping.

• Institution and course of the preparatory proceedings. Stages of the preparatory proceedings. Differences between inquiry and investigation. Ways of preparatory proceedings completion.

• Judicial proceedings. Proceedings before first instance court – characteristics and course. Appellate proceedings.

• Cassation appeal. Reopening of proceedings. Complaint on appellate court judgement. Compensation for wrongful conviction, detention on remand or arrest

W. Jasiński, K. Kremens, Criminal Law in Poland, Wolters Kluwer 2019

Handbook of Polish Law. Edited by Wojciech Dajmer. Warszawa Bielsko – Biała 2011

Criminal Plea Bargains in the English and the Polish Administration of Justice System in the Context of the Fair Trial Guarantees Edited by C. Kulesza. Białystok 1991

H. Gajewska – Kraczkowska, J. Palmer: Introduction to Criminal Procedure in the Socialist Countries of Eastern Europe. Warsaw 1991

Introduction to Polish Law Edited by S. Frankowski Kraków 2005

S. Waltoś: Code of Criminal Procedure of the Polish People’ s Republic. Warszawa 1979

After participation in the course students will:

1. be familiar with the terminology of criminal procedure

2. understand the essence of criminal procedure, is familiar with fundamental principles and the course of the proceedings in criminal cases, parties to the proceedings as well as evidence and coercive measures

Abilities:

1. Can discuss critical issues in criminal procedure

2. Is able to critically analyze the law

4. Is able to evaluate, assess and employ the knowledge into practical work in various cases

Class time will be spent in a mixture of lecture and discussion.

Basic estimate criterion is activity during classes. Unexcused absences to more than 3 class sessions will result in failing the course. During classes students will have in-class discussion regarding the specific regulation of criminal procedure. The course will end with a written examination based on topics discussed in class.