- Tytuł:
-
Koncepcja podziału procesu karnego na dwie fazy – 50 lat później
The Concept of Dividing the Criminal Trial into Two Phases – 50 Years Later - Autorzy:
- Łukowiak, Bartosz
- Powiązania:
- https://bibliotekanauki.pl/articles/782401.pdf
- Data publikacji:
- 2020
- Wydawca:
- Wydawnictwo Uniwersytetu Śląskiego
- Tematy:
-
the concept of dividing the criminal trial into two phases
two-phase criminal trial
preliminary judgment
final judgment
horizontal validity of part of the judgment
independence of jurisdiction of the criminal court
measures of appeal
cassation
consensual proceedings
criminal proceedings
prohibited act
offence
offender - Opis:
- This paper aims to answer the question whether the concept of dividing a criminal trial into two phases is still useful now, more than half a century after its last broader analysis. It also attempts to solve some specific problems related to the said analysis. The starting point for the considerations contained in the paper was to look at the concept of a two-phase criminal trial as a purely procedural construction and thus to reject its functional link with any model of substantive criminal law. The first part of the paper discusses the history of the concept of a two-phase criminal trial, as well as some of the arguments put forward by its supporters and opponents. In the course of further deliberations, the focus is on searching for elements of the concept in the current legal status. The final part of the text deals with the question whether and, possibly, in what form the concept of division of jurisdictional proceedings should become an element of the Polish criminal procedure. This is followed by numerous and widely justified de lege ferenda conclusions.
- Źródło:
-
Problemy Prawa Karnego; 2020, 30, 4; 11-37
0208-5577
2353-9712 - Pojawia się w:
- Problemy Prawa Karnego
- Dostawca treści:
- Biblioteka Nauki
Artykuł