TEMPORAL RESTRICTIONS ON THE PARTIES’ EVIDENTIARY INITIATIVE IN THE POLISH CRIMINAL PROCESS IN THE LIGHT OF THE PRECLUSION SYSTEM AND THE SYSTEM OF JUDGE’S DISCRETIONARY POWERS (PART II)

Autor: Jan Kil
Rok vydání: 2021
Předmět:
Zdroj: Roczniki Administracji i Prawa. 4:87-102
ISSN: 1644-9126
Popis: This article is devoted to temporal restrictions relating to the exercise by the parties to criminal proceedings of the right to evidentiary initiative. In the second part of the article, the considerations are continued on the criminal procedure evolution in respect of temporal limitations of the parties’ evidentiary initiative in criminal proceedings, as provided for in the Code of Criminal Procedure of 1997, with special emphasis on the amendments introduced to the Code by the Act of 19 July 2019 amending the Act – Code of Criminal Procedure and certain other acts (Dz.U. 2019 poz. 1694). In the following part of the study, the normative solutions governing the temporal limitation of evidentiary activities of the parties to criminal proceedings are juxtaposed against the model assumptions of the preclusion system and the system of judge’s discretionary powers. Separate considerations are also given to a proposed interpretation method of the provisions imposing temporal limitations to the parties’ right to evidentiary initiative in criminal process, and significance is demonstrated of the said provisions for the possibility of effective achievement of the purposes of the criminal process
Databáze: OpenAIRE