oskarżony

Uprawnienia obrońcy w procesie karnym – wybrane zagadnienia

Author: Katarzyna Wierzbicka
Institution: SWPS Uniwersytet Humanistycznospołeczny
Year of publication: 2018
Source: Show
Pages: 152-165
DOI Address: https://doi.org/10.15804/tpn2018.2.07
PDF: tpn/14/TPN2018207.pdf

The right of defence is one of the fundamental human rights. In criminal proceedings, its implementation may translate into defendant’s right of undertaking his defence on his own, as well as of having recourse to a professional defender. In this regard, the defender (an attorney or a legal counsel) has been given a certain set of entitlements which, on one hand, can aid in performing his own duties and, on the other hand, provides a legal framework for the execution of these duties. The way in which the defender’s activities are conducted depends on the will and the contribution of the defendant himself. At the meeting point of the defender-defendant relationship there may appear certain occurrences, and some of them prohibited by penal legislation, which imply a number of issues and thus need to be clarified. Those issues include, inter alia, the scope of the right of defence as well as defender’s competences, the lawfulness of the activities being undertaken, the question of the scope and framework of defender’s legal privilege with regard to his knowledge on the crime.

Domniemanie niewinności w ujęciu prawa krajowego i pozakrajowego

Author: Piotr K. Sowiński
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2210-5877
Year of publication: 2024
Source: Show
Pages: 103-116
DOI Address: https://doi.org/10.15804/ppk.2024.02.08
PDF: ppk/78/ppk7808.pdf

Presumption of Innocence under National and International Law

The principle of the presumption of innocence is one of the fundamental assumptions according to which Polish criminal procedure has been constructed. In the domestic reality, this presumption is declared both by constitutional and code regulations, however, the manner in which the presumption is guaranteed there is not the same, which affects the different scope of its application. The text depicts the common and differentiating elements of these regulations. In addition, the material and subjective scope of the principle of the presumption of innocence in terms of the Convention and certain legal acts of the European Union has been analysed.

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