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Alternative title:

On the unconstitutionality of § 9522 of the Rules of Procedure of Common Courts

Subject and Keywords:

statement of reasons   right of defence   right to an eff ective remedy   constitution   criminal proceedings

Abstract:

The subject of this work is the issue of the constitutionality of § 9522 of the Rules of Procedure of Common Courts. Based on the analysis of regulations in the field of criminal proceedings, the author tries to demonstrate the non-compliance of this provision with the principle of the right to defence, the principle of the right to an effective remedy, the principle of the exclusivity of the act and the prohibition of creating apparent powers, and, therefore, proposes its own, different regulation of this issue, which would allow for compliance of national regulations with the standards of fair trial.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2019

Date copyrighted:

2019

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.116.4

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3943. Przegląd Prawa i Administracji, ISSN 0137-1134, 2019, 116, s. 59-71

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.