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Alternative title:

Evidence proceedings during the justified absence of the accused or his defense counsel

Subject and Keywords:

absence of the accused at the trial   evidence proceedings in the absence of the accused   evidence proceedings   right of defense   accused

Tags:

public and procedural law

Abstract:

The subject of study is an analysis of the content of art. 378a of the Code of Criminal Procedure, added to the Code of Criminal Procedure on October 5, 2019. The legal provision under examination allows evidence to be taken in the absence of the accused or his defense counsel, even if it is justified by the absence. The author considers the legitimacy of introducing art. 378a of the Code of Criminal Procedure, and also takes into account the correctness of its construction. As a result of these considerations, he finds many flaws in the applicable legal regulations and tries to mitigate the negative effects of the introduction to the Polish legal system of the possibility of taking evidence during a duly substantiated absence of the accused or his defender at the trial.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Date copyrighted:

2020

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.122.20

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3994. Przegląd Prawa i Administracji 2020, 122, s. 345-363

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.