SYTUACJA PRAWNA OPIEKUNA OSKARŻONEGO UBEZWŁASNOWOLNIONEGO CAŁKOWICIE W POLSKIM POSTĘPOWANIU KARNYM PRZED SĄDEM PIERWSZEJ INSTANCJI
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Date
2007
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Wydział Prawa i Administracji UAM
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THE LEGAL SITUATION OF A GUARDIAN OF A WARD OF COURT ACCUSED IN A CRIMINAL COURT OF THE FIRST INSTANCE
Abstract
Wards of court accused and charged in criminal proceedings may seek assistance o f their actual,
as well as legal, guardian. The legal grounds upon which those two guardians may act differ. The legal
guardian acts on the basis o f the norms contained in the code o f criminal procedure and the family and
guardianship code and the code o f civil procedure, while the legal grounds binding the actual
guardian, are those contained only in the code o f criminal procedure.
The activities o f both guardians should attempt to achieve a more effective right to execute the
defence line adopted for the ward accused of a crime. In order to ascertain whether the proceedings
undertaken by the guardians are really in the best interest o f ward, tried on indictment, the criteria
assessing the proceedings taken by the attorney for the defence should be revoked.
Both the legal and the actual guardian are empowered to perform such activities, whose
compliance with the best interest o f the accused person could be assessed in concreto, i.e. for example,
a request filed for a punishment, or proceedings having an impact on the property of the accused
person, such as adjudicating the recognition o f the adhesive claim or conclusion of a court settlement.
It should be added that the criminal court has the supervisory function, allowing it to verify
whether the activities undertaken by the legal and actual guardians of an incapacitated person in
wardship are compatible with the relevant provisions. Further, there is also a custodian court that
performs a supervisory function as well.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 1, s. 85-100.