ZABEZPIECZENIE NIEMIECKIEGO POSTĘPOWANIA KARNEGO PRZECIWKO POLSKIM OBWINIONYM

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1999

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Wydział Prawa i Administracji UAM

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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).

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Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 2, s. 135-153.

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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego