Object structure

PLMET:

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Title:

Report regarding the actual state of affairs as a method of preserving evidence in court proceedings. Analysis of the institution in accordance with the new act on court enforcement officers

Creator:

Sitkowski, Marcin

Subject and Keywords:

report regarding the actual state of affairs ; enforcement officer ; preserving evidence ; act on court enforcement officers ; subjective scope ; objective scope

Abstract:

The aim of this article is to present and analyse the institution of the report regarding the actual state of affairs as a method of preserving non-durable information which serve as evidence in court proceedings. Starting from 1997 till now the institution of the report regarding the actual state of affairs has been reluctantly accepted by legal practice. Nowadays, this institution seems to be disregarded or used extremely rarely, whereas in the scope of the practice of the enforcement bodies of Western Europe countries (in particular in the scope of the practice of the French court enforcement officers) it is high in the hierarchy of evidence in court civil and criminal proceedings. The views of the Polish doctrine on the scope of application of the above mentioned institution under national law do not provide clear answer as to the place of the report regarding the actual state of affairs in the system of evidence. Touched upon is first of all the issue of the usage of the report regarding the actual state of affairs defined in the Act of 22 March 2018 on Court Enforcement Officers (Journal of Laws of 2018, item 771) which has provided substantial details and clarifications to the institution in question in comparison with the previous act. Analysed in the article are the concept of report regarding the actual state of affairs as well as the subjective and objective scopes of the aforementioned regulation. Addressed herein are also - de lege ferenda - arguments, put forward for quite some time now and sought for already under the previous act in relation to the current regulations connected with the problem.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Marszałkowska-Krześ, Elwira Red. ; Flaga-Gieruszyńska, Kinga. Rec.

Date issued:

2019

Resource Type:

e-book

Identifier:

ISBN 978-83-66066-64-9 ; doi:10.34616/23.19.023

Language:

pol

Relation:

(E-Monografie ; nr 142) ; (Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego)

Is part of:

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Licence:

Rules of usage of Digital Library of Wroclaw University

Licence text:

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Rights holder:

© Copyright by Marcin Sitkowski

Autor opisu:

MG