Analiza instytucji dobrowolnego poddania się karze w ujęciu praktycznym

Poland belongs to the circle of European states in which it is permitted that the participants of penal procedure can come to agreement. The codification of 6th June, 1997, introduced two reforms of consensual complementary dispute resolution: conviction without a trial in art. 335 of penal code and conviction in line with the limited trial in art. 387 of penal code is defined by a common term of entering a no contest plea. In principle, the goal of the institution under discussion is to accelerate and make more effective the penal trial. If in technical literature this institution was generally accepted, in practice, despite the fact that it has been functioning for 14 years, it still arouses doubts. It follows mainly from the fact that there is no unanimous regulation of the rules. One should pay special attention to the fact that the aggrieved party has not been taken into consideration in art. 335 of the code of criminal procedure. One should then postulate to change this regulation because in practice it leads to abuses.