ZABEZPIECZENIE NIEMIECKIEGO POSTĘPOWANIA KARNEGO PRZECIWKO POLSKIM OBWINIONYM
Loading...
Date
1999
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
SECURING OF GERMAN PENAL PROCEEDINGS AGAINST POLISH DEFENDANTS
Abstract
As well the accession of Poland to some more important European conventions as several
bi-lateral agreements concluded between Germany and Poland have together created a possibility
of conducting penal proceedings in „normal” mode. One should hope that future membership of
Poland in the European Union shall bring further progress in this scope. However, it is easier to
cope with transborden crime already today if we have recourse to special possibilities presented
in the above article.
In relation with foreigners there are often better possibilities in this respect than in case of
German citizens, and particularly in what concerns a detention awaiting trial and means securing
a possibility of proceedings by writ or payment.
It is to be noted here, however, that the application of such proceedings is not at all deprived
of difficulties - because of the principle of the State of law. After the admission of Poland to the
European Union a problem of discrimination of foreigners can emerge here - in relation with the
Art. 3 al. 3 of the German Constitution (conf. Art. 6 al. 1 of the Treaty of the European Unions).
Naturally, we must take into consideration the circumstance that Polish penal proceedings’
code does often foresee in case of foreign defendants some means that are even more far-going:
a detention awaiting trial can be applied already because of the fact that a defendant does not
possess in Poland his own permanent domicile (Art. 258 par. 1 point 1 of the penal proceedings’
code).
Description
Sponsor
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 2, s. 135-153.
Seria
ISBN
ISSN
0035-9629