Review article
https://doi.org/10.25234/pv/9409
CONDITIONAL DISCONTINUANCE OF CRIMINAL PROCEEDINGS IN THE POLISH LEGAL SYSTEM – THE FIFTY YEARS OF EXPERIENCE AND THE ASSESSMENT OF PROSPECTS FOR FURTHER DEVELOPMENT
Hanna Paluszkiewicz
orcid.org/0000-0001-5198-8360
; Faculty of Law and Administration, University of Zielona Góra, pl. Słowiański 9, 65-069 Zielona Góra, Poland
Katarzyna Dudka
; Faculty of Law and Administration, Maria Curie-Skłodowska University in Lublin, pl. Marii Curie-Skłodowskiej 5, 20-031 Lublin, Poland
Abstract
This analysis addresses the issue of conditional discontinuance of criminal proceedings in the Polish legal system. The deliberations concern the normative nature of this measure of penal response, its hybrid legal regulation and its evolution during the period of 50 years of its operation. The analysis takes into account current trends in the Polish criminal procedure and the position of conditional discontinuance as a criminal policy instrument in view of the increase in the relevance of consensual forms of criminal procedure. It primarily addresses the procedural regulation of conditional discontinuance contained in the Polish Criminal Procedure Code. The Polish experience in the use of conditional discontinuance as a criminal policy instrument against perpetrators of minor social harmfulness, non-demoralised, with positive prediction shows that the institution has proved itself and should be used more broadly in the practice of the judiciary. The prospects for increasing the use of conditional discontinuance as an effective, due to the modern substantive and procedural penal legislation, measure of combating crime have been discussed.
Keywords
conditional discontinuance of criminal proceedings; Polish criminal law; consensual adjudication in criminal matters; non-custodial means of penal response
Hrčak ID:
242004
URI
Publication date:
31.7.2020.
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