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The issue of obligatory protection in the light of the amendment to the Criminal Code of 16 September 2011

Subject and Keywords:

Executive Criminal Code   Code of Criminal Procedure   mandatory defence   conditions   analysis


The aim of the present article was to search for the answer: why did the legislator only on 16 September 2011 incorporate the changes into the Executive Criminal Code regarding the indications for receiving mandatory defence. The author also sought the occasion to discuss the questions arising from such measure: to what extent do the norms providing for the obligation of defence in the Executive Criminal Code commeasure with the norms included in the Code of Criminal Procedure, what kind of standards for mandatory defence are already set, i.e. by the Supreme Court of the Republic of Poland case law, what are the conditions for mandatory defence in executive procedure, or what are the limits towards the right to choose defence counsel. The results of the analysis — in the matter suggested in this article — became the basis for formulating the conclusion that one of the most important issues of mandatory defence is that the incorporated changes opened a wide range of new possibilities both to a judge and a convict. Nonetheless, the prospects of those changes are truly luminous.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:


Date copyrighted:



ISSN 2084-5065   ISSN 0239-6661


pol   eng


Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 28, 2012, s. 173-185

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

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

Autor opisu:

WR U/PAdbg