Polish Criminal Procedure - summer 2200-FOR60

Polish Criminal Procedure lecture is to provide students with:
• The essence, subject and course of criminal procedure. Sources of criminal procedural law. Division and short characteristics of individual participants of the criminal procedure.
• Judiciary in criminal cases. Independence of the judiciary. Disqualification of a judge. Jurisdiction of the court. Composition of the court.
• Law inforcement agencies. State prosecutor’s office – system and principles of action. Characteristics of remaining agencies conducting preparatory proceedings.
• Parties to the proceedings. The injured party. Public prosecutor. Subsidiary prosecutor. Private prosecutor. Civil plaintiff. The accused.
• Parties’ legal representatives. Statutory representative. Counsel for the defence. Attorney. Other participant of proceedings.
• Evidence. Basic principles of the evidence law. The course of the evidence proceedings. Ways of evidence examination: interrogation, crime scene inspection, examination of a person, material object or the corpse; reading out of document. Procedural experiment.
• Characteristics of each item of evidence. The accused. Witness. Expert. Community investigation about the accused and examination of the accused. Other items of evidence.
• Coercive measures – division, principles of establishing and applying. Apprehension and arrest. Preventive measures – general principles. Temporary detention.
• Preventive measures not involving deprivation of liberty. Police surveillance. Guarantee or posting bail. Prohibition of leaving country. Suspending the accused in their official function or performance of their profession. Disciplinary penalties. Security on property.
• Sensu largo coercive measures. Searching for the accused and the wanted notice. Safe conduct. Seizure of objects and searches. Wiretapping.
• Procedural premises. Institution and course of preparatory proceedings. Stages of preparatory proceedings. Presentation of charges. Differences between inquiry and investigation. Ways of preparatory proceedings completion.
• Judicial proceedings. Proceedings before first instance court – characteristics and course. Proceedings before second instance court. Appellate proceedings. Interlocutory appeal proceedings.
• Characteristics of special proceedings. Simplified proceedings. Proceedings in cases brought on a private accusation. Decree proceedings. Sped-up proceedings.
• Extraordinary appeals: cassation and re-opening of proceedings. Proceedings after the judgment has become valid and final. Reinstatement of proceedings conditionally discontinued by the court.