Pokrzywdzony przestępstwem i jego rola w przygotowawczym postępowaniu karnym
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Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
The Injured Person and His or Her Role in Preparatory Proceedings
Abstract
According to the regulations of the Polish Code of Criminal Procedure (1989)
the injured person can appear in a double role in preparatory proceedings: a procedural
party and a source of evidence. This non-typical cumulation can be very
important in practice not only for the crime victim but also for the criminal justice
system. First, the numbers and type of criminal cases entering the system are
largely determined by the reporting behaviour of injured persons who thus „control"
the initiation of the criminal prosecution. Secondly, the injured person as
a source of evidence can deliver some of the most valuable information for the
agencies of preparatory proceedings. Finally, the injured person as a party to preparatory
proceedings can — by his activity — increase the range of the adversary
principle and thus can create a guaranty for the efficient functioning of the principle
of material truth.
The author exposes not only the potential benefits which are connected with
the active participation of an injured person in preparatory proceedings. She also
points out all those factors which make such a participation difficult or even impossible.
The main problem here is the post-crime victimization. This "second
injury" can be a result of the first contact between the injured person and the
agencies of preparatory proceedings. Although there are already procedural rules,
the victims of crime are still "neglected"; they are simply excluded from their
cases or have been left to play a distinctly secondary role as a source of evidence
in preparatory proceedings.
In the author's opinion some changes both in legislation and in the attitudes
of procedural agencies are necessary. Only the general improvement of the injured
person's situation in preparatory proceedings can give us an opportunity for increasing
the effectiveness of criminal prosecution.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 4, s. 129-147
Seria
ISBN
ISSN
0035-9629