prawo do obrony

Prawo do sądu we Włoszech

Author: Monika Urbaniak
Institution: Uniwersytet Medyczny im. K. Marcinkowskiego w Poznnaiu
Author: Małgorzata Lorencka
Institution: Uniwersytet Śląski w Katowicach
Year of publication: 2016
Source: Show
Pages: 223-243
DOI Address: https://doi.org/10.15804/ppk.2016.03.10
PDF: ppk/31/ppk3110.pdf

Right to a fair trial in Italy

The access to justice is expressed directly in the part one of the Constitution of the Italian Republic of 1947, entitled “The rights and duties of citizens”. In accordance with Article 24 paragraph. 1 of the Constitution, “everyone can take judicial action to protect individual rights and legitimate interests”. It should be noted that it is a wide range of subjective and objective constitutional regulation, in particular, on the right of access to court, the right to defense and right to a fair and due process (Article 111 of the Constitution). The biggest disadvantages that arises from the functioning of the Italian justice system are multiple violations of the right to a trial within a reasonable time and the usage of the cassation, as a court of third instance. Many attempts to correct the Italian judiciary have been made, for example by the introduction of Pinto Law of 2001, which gives litigants the right to the compensation in case of excessively lengthy judicial proceedings. However, it did not have the expected effect of speeding up the court proceedings because of the lack of necessary judiciary reforms (complicated structures and a large number of courts, traditionally low court fees etc.). The impact of the Law was The result of the Law is further increase in the number of cases and budgetary costs. The inefficiency of Italian justice system is needed to be reformed.

Sądy pokoju a prawo do ochrony prawnej - głos w dyskusji

Author: Michał Grudecki
Institution: Uniwersytet Śląski w Katowicach
ORCID: https://orcid.org/0000-0002-5185-3770
Year of publication: 2022
Source: Show
Pages: 137-150
DOI Address: https://doi.org/10.15804/ppk.2022.01.10
PDF: ppk/65/ppk6510.pdf

Justice of the Peace Courts and the Right to the Protection of the Law – a Voice in the Discussion

The article discusses the demand for the introduction the institution of the justice of the peace into the Polish judicial system. The aim of the article is to examine the admissibility of this change as intended by the Ministry of Justice from the perspective of the right to legal protection. The author presents the advantages and disadvantages of justices of the peace, placing particular emphasis on the postulate of legal education of candidates for justices of the peace, as well as mentioning the proper way of selecting and financing them. He concludes that the requirement of a legal education or basic legal knowledge of candidates for justices of the peace is essential, as is the need to ensure the appointment that guarantees their greatest judical independence. In another case, the parties will not have adequate legal protection. In his research, the author uses the dogmatic method.

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.

Prawo do obrony obwinionego o popełnienie wykroczenia z perspektywy art. 42 ust. 2 Konstytucji RP

Author: Piotr K. Sowiński
Institution: Uniwersytet Rzeszowski
ORCID: https://orcid.org/0000-0003-2210-5877
Year of publication: 2023
Source: Show
Pages: 155-167
DOI Address: https://doi.org/10.15804/ppk.2023.03.11
PDF: ppk/73/ppk7311.pdf

The Right to Defence of an Offence Defendant in the Light of Art. 42 sec. 2 of the Polish Constitution

The text presents the problem of autonomy of proceedings in misdemeanour cases, with particular emphasis on the situation of the accused and their right to defence. The author puts forward a thesis concerning the necessity to recognise that the provision of Art. 42 of the Constitution of the Republic of Poland should be applied to the accused, even though this provision refers to guarantees of the right to defence for persons appearing in criminal proceedings, and not literally for persons against whom proceedings in misdemeanour cases are conducted. The extension of constitutional guarantees to defendants is important for the defendants themselves, but also for the coherence of the justice system and court procedures, as only in this way does the constitutional benchmark of a fair trial become feasible.

Podmiotowy zakres prawa do obrony w postępowaniu karnym w świetle art. 42 ust. 2 Konstytucji RP

Author: Justyna Karaźniewicz
Institution: Uniwersytet Kazimierza Wielkiego w Bydgoszczy
ORCID: https://orcid.org/0000-0003-2276-6640
Year of publication: 2023
Source: Show
Pages: 181-193
DOI Address: https://doi.org/10.15804/ppk.2023.03.13
PDF: ppk/73/ppk7313.pdf

Subjective Scope of the Right to Defense in Criminal Proceedings in the Light of Art. 42 sec. 2 of the Constitution of the Republic of Poland

The article focuses on the comparison of the personal scope of the right to defence specified in Art. 42 sec. 2 of the Constitution of the Republic of Poland and regulated in article 6 of the Code of Criminal Procedure. The jurisprudence of the Constitutional Tribunal indicates the need to extend the right of defence to any person against whom the authority undertakes prosecution, while article 6 CCP grants this right only to the suspect and the accused. The article draws attention to the situation of a suspected person who has not yet been charged. Doubts as to the scope of the right to defence relate to the statements made by this person both during the hearing (of the detained person) and during the interrogation as a witness. An analysis of all rights and obligations of this person from the constitutional point of view exceeds the scope of this study.

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