Postępowanie nakazowe w świetle praktyki
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Date
1989
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Penal order proceedings in the light of praxis
Abstract
The article is concerned with analysis of functioning of penal order proceedings
in the shape determined in the Law on Special Penal Responsibility of
May 10, 1985 (Official Gazetee No. 23, item 101). The analysis and evaluation
has been based on empirical research conducted in three district courts (Bydgoszcz,
Toruń, Iława).
The research included 592 cases with 666 penal orders. The cases examined
according to penal order proceedings constituted ca. 6% of all criminal cases. They
were concerned with the so-called trivial crime, directed mostly against property.
The research provided grounds to formulate several reservations concerning
the courts practice of estabilishing the existence of one of the conditions of admissibility
of penal order proceedings, namely that the circumstances relating to the
commission of an act and guilt are beyond doubt. Moreover, reservations arose also
with respect to negative prerequisites for penal order proceedings. Most schortcomings
were noted with respect to the process of establishing the presence of
good reasons to doubt sanity of an accused.
The analysis of the participation of the parties in hearings confirmed that
in penal order proceedings the principles of directness, openness and of adversary
trial system are absent, for in most instances the parties were not notified of the
date of a court session.
The examination of the contents of penal orders revealed that a prevailing
penalty was a fine. Besides, the courts too often applied the additional penalty
of publication of the penal order.
As few as 13% of penal orders were subject to objection, with only 7% of
penal orders objected to by the accused and their counsels. In consequence of
objections, the court aggravated the situation of the accused in as many as 43%
of cases
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Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 3, s. 85-106.
Seria
ISBN
ISSN
0035-9629