Economics of Criminal Proceedings in View of Procedural Principles

Background and Methods: This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question...

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Main Author: Szumiło-Kulczycka Dobrosława
Format: Article
Language:English
Published: VD Dakor 2022-02-01
Series:Access to Justice in Eastern Europe
Subjects:
Online Access:https://ajee-journal.com/upload/attaches/att_1643557692.pdf
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author Szumiło-Kulczycka Dobrosława
author_facet Szumiło-Kulczycka Dobrosława
author_sort Szumiło-Kulczycka Dobrosława
collection DOAJ
description Background and Methods: This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator. Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts. Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.
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spelling doaj.art-2ca927de26da4daf8e766fff8e9120042022-12-22T03:40:00ZengVD DakorAccess to Justice in Eastern Europe2663-05752663-05832022-02-01 5 (13)768710.33327/AJEE-18-5.1-n000094Economics of Criminal Proceedings in View of Procedural PrinciplesSzumiło-Kulczycka Dobrosława0https://orcid.org/0000-0002-8891-2041Dr hab. prof. UJ, Department of Criminal Procedure of the Jagiellonian University, PolandBackground and Methods: This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator. Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts. Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.https://ajee-journal.com/upload/attaches/att_1643557692.pdfeconomics of lawcriminal procedurecosts of proceedings
spellingShingle Szumiło-Kulczycka Dobrosława
Economics of Criminal Proceedings in View of Procedural Principles
Access to Justice in Eastern Europe
economics of law
criminal procedure
costs of proceedings
title Economics of Criminal Proceedings in View of Procedural Principles
title_full Economics of Criminal Proceedings in View of Procedural Principles
title_fullStr Economics of Criminal Proceedings in View of Procedural Principles
title_full_unstemmed Economics of Criminal Proceedings in View of Procedural Principles
title_short Economics of Criminal Proceedings in View of Procedural Principles
title_sort economics of criminal proceedings in view of procedural principles
topic economics of law
criminal procedure
costs of proceedings
url https://ajee-journal.com/upload/attaches/att_1643557692.pdf
work_keys_str_mv AT szumiłokulczyckadobrosława economicsofcriminalproceedingsinviewofproceduralprinciples