Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k

The amendment to the Polish Code of Criminal Procedure (PCCP), which became effective as of 1 July 2015, had changed the model of the Polish criminal trial by opening it up to be more adversarial. One of the problems, which was disputed in reference to the reform was whether the principle of materia...

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Main Author: Jakub Michalski
Format: Article
Language:English
Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2016-01-01
Series:Acta Iuris Stetinensis
Subjects:
Online Access:https://wnus.edu.pl/ais/pl/issue/250/article/3529/
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author Jakub Michalski
author_facet Jakub Michalski
author_sort Jakub Michalski
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description The amendment to the Polish Code of Criminal Procedure (PCCP), which became effective as of 1 July 2015, had changed the model of the Polish criminal trial by opening it up to be more adversarial. One of the problems, which was disputed in reference to the reform was whether the principle of material (objective) truth could be still established on the basis of the amended Act. According to some Polish jurists the principle of material truth had been significantly marginalized and become in fact the principle of formal truth. In their opinion this was a result of reducing the possibility of taking initiative in the filed of evidence by the judge, who as an impartial arbitrator should allow only parties to provide evidence. Meanwhile, the legislator had prepared another amendment to the PCCP, which was to restore most of the revised rules. The new law entered into force on 15 April 2016.
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spelling doaj.art-a6eb88b869ff40b89fc03effffe52b0a2022-12-22T01:50:12ZengWydawnictwo Naukowe Uniwersytetu SzczecińskiegoActa Iuris Stetinensis2083-43732016-01-011510.18276/ais.2016.15-05Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.kJakub MichalskiThe amendment to the Polish Code of Criminal Procedure (PCCP), which became effective as of 1 July 2015, had changed the model of the Polish criminal trial by opening it up to be more adversarial. One of the problems, which was disputed in reference to the reform was whether the principle of material (objective) truth could be still established on the basis of the amended Act. According to some Polish jurists the principle of material truth had been significantly marginalized and become in fact the principle of formal truth. In their opinion this was a result of reducing the possibility of taking initiative in the filed of evidence by the judge, who as an impartial arbitrator should allow only parties to provide evidence. Meanwhile, the legislator had prepared another amendment to the PCCP, which was to restore most of the revised rules. The new law entered into force on 15 April 2016.https://wnus.edu.pl/ais/pl/issue/250/article/3529/the amendment of the Polish Code of Criminal Procedurethe initiative in the matter of evidencethe principle of formal truththe principle of material truthcriminal procedural law
spellingShingle Jakub Michalski
Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
Acta Iuris Stetinensis
the amendment of the Polish Code of Criminal Procedure
the initiative in the matter of evidence
the principle of formal truth
the principle of material truth
criminal procedural law
title Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
title_full Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
title_fullStr Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
title_full_unstemmed Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
title_short Zasada prawdy w polskim procesie karnym – uwagi na tle zmian k.p.k
title_sort zasada prawdy w polskim procesie karnym uwagi na tle zmian k p k
topic the amendment of the Polish Code of Criminal Procedure
the initiative in the matter of evidence
the principle of formal truth
the principle of material truth
criminal procedural law
url https://wnus.edu.pl/ais/pl/issue/250/article/3529/
work_keys_str_mv AT jakubmichalski zasadaprawdywpolskimprocesiekarnymuwaginatlezmiankpk