Subsidiary indictment and identity The present provisions of the prosecutor

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Paul Suwara

Paul Suwara

LAWYER

Subsidiary indictment and identity The present provisions of the prosecutor

To write this article I recently led a conversation with the prosecutor of the Regional Prosecutor's Office Warsaw-Prague before one of the hearings. This conversation reminded me of the times, when I wrote a thesis on crime abuse of power or breach of duty by a public official Article. 231 k.k. That prosecutor was of the opinion, it must be objectively identical provisions of both law enforcement.

The institution of a subsidiary indictment was described in Article. 55 § 1 k.p.k. in conjunction. z art. 330 § 1 k.p.k. Procedure, which then allows the victim bringing a subsidiary indictment as follows:

investigation body issues a decision not to initiate an investigation or to discontinue preparatory proceedings;

next, victim asks the court against the above. decision;

the court repeals the provision;

re-investigation body issues a decision not to initiate an investigation or to discontinue preparatory proceedings, wherein, Both provisions - before and after the repeal of the court - must be objectively identical. It means, that if the first decision concerned the refusal to initiate criminal investigations, This decision issued after the repeal of the contested order, the court must also relate to the refusal to institute proceedings.

The above-mentioned understanding of the institutions described in Article. 55 § 1 k.p.k w zw. z art. 330 § 2 k.p.k. It is dominant both in the jurisprudence, as in doctrine and, T even recalling comments. Grzegorczyk (Tomasz Grzegorczyk, Code of Criminal Procedure. tom I. articles 1-467. Comment, LEX 2014), Richard A. Stefanski and S. Zablocki (Ryszard Stefanski A. (red.), Stanislaw Zablocki (red.), Code of Criminal Procedure. tom I. Comment on Article. 1-166; WKP 2017), H. Paluszkiewicz and K. rachis (Katarzyna Dudek (red.), Code of Criminal Procedure. Comment; WKP 2018) and decisions of courts and tribunals - the decision of the Supreme Court dated. 24.11.2016 r., ref. Akt III KK 274/16; Supreme Court ruling dated. 22.05.2013 r., ref. Act IV KK 128/13 and the judgment of the Constitutional Court dated. 19.05.2015 r., ref. No. SK 1/14.

It should be, however, raise the question: whether the order issued by the authority of the preparatory proceedings after reversing the decision by a criminal court must be the same as the order under appeal? Nieprawniczym writing language - that both provisions must apply, for example,. refusal to institute proceedings?

According to the author, position, that both provisions must be objectively identical, violates the rights of the victim, for substantially reduces the victim the right to assert their rights infringed crime. only need to, that the bodies of preliminary proceedings, for example,. They refuse to initiate an investigation or inquiry, then the same body discontinue the proceeding.

On the one hand, the purpose of criminal proceedings is, not only, that no innocent person is punished, but also, perhaps above all, that person should act incurred a penalty for the commission of. So why the legislature and the courts in interpreting the provisions of Article. 55 k.p.k. and Article. 330 k.p.k. restricted / limited ability to protect the victim of its powers?

Both Article. 55 § 1 k.p.k., and in Article. 330 § 2 k.p.k., refers to the re-issue of the refusal to initiate or to discontinue the proceedings, a mistake anyone, the more professionals - judges penalty, You do not need to remind the meaning of the term "or". towards the reminder: quantifier "or" means, that real results are logical reasoning:

Both statements are true;

or only one of the two.

these, means, quantifier that the use of "or" in the aforesaid regulations k.p.k. allows applications, according to which a subsidiary may be brought under indictment refusal to institute proceedings, and does not proceed. Consequently, this position allows for broader protection powers of the victim in the criminal process.

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The decline willing to legal apprenticeship

photo-1519955501004-97097a787c5a
Paul Suwara

Paul Suwara

Lawyer

The decline willing to legal apprenticeship

In the article, the authors discuss the problem of drop willing to apprenticeship law, studying the problem in the context of the application, mainly, bailiff.

Problem, however,, applies, in principle, any type of application - notarial, radcowskiej, lawyer etc. An in-depth analysis of the problem leads to the conclusion, that the decline of interest in serving a legal application is not surprising.

In the first place you should look at the number provided by the Ministry of Justice, which point to the fact, although that number may seem significant, that members of local law from year to year will continue to arrive in large numbers. in August 2018 r. applications for entrance examinations for applications was:

1. the attorney - 2 590 willing;
2. the legal training - 3 820 willing;
3. the notary application - 620 willing;
4. the application bailiff - 190 willing.

For comparison, in year 2017 was willing:

1. the attorney - 2 875;
2. the legal training - 4 347;
3. the notary application - 690;
4. the application bailiff - 215.

These figures show, the average willing to take the entrance exams for law applications are 7 674 persons, and, when talking about potential aplikantach solicitors and lawyers - average 6 816 people. Consequently, means, that after the completion of the application, passing the professional examinations, the profession will come thousands of new professionals.

Not surprisingly retreat from the application of law, when taking into consideration the above-mentioned. statistics - increasing competition means the actual reduction in the remuneration of lawyers, fewer and fewer customers, the fight for customers, as if it was a fight to the death and life. And remember to higher and higher, all, office maintenance costs, for example,. weights of public-law.

There remains the question of, the compound having the above-identified issues, failing prestige and lack of respect - as in the title of this article. In situation, when the legal services market appears from year to year a growing number of professionals, there can be no question not only about high income, but the prestige. History shows, that in the case, When a phenomenon becomes something mass, to which access may be a growing number of people, This decreases the prestige. Legal professions enjoyed prestige due, but before the reform made by previous governments from the Minister. Ziobro. Then access was limited (reasons, about which you can say – "Open secret"), earnings much higher, and representatives of the profession but enjoyed much greater esteem. Now, when a person presents himself as a lawyer, This does not impress anyone. Only on the margin can be added, apart from the issues discussed in this article, that this is also the attitude of the public authority, in particular the Ministry of Justice, to the legal professions. But more about that in a separate article.

In this article we briefly presented their thoughts regarding. issues. I did it on purpose, to provoke you to read and comment, to exchange ideas on the selected theme. Feel free to discuss.

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