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Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure Cover

Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure

By: Monika Roclawska and  Adam Bulat  
Open Access
|Oct 2014

Abstract

In September 2013, the Polish Parliament passed an amendment to the Code of Criminal Procedure. The legislators decided to expand a number of adversarial elements present in current Polish criminal proceedings. When these changes come into effect (July 1, 2015), Polish criminal procedure will be similar to American regulations, in which the judge’s role is to be an impartial arbitrator, not an investigator.

The authors of the article describe the meaning of the principle of adversarial trial in Poland. They also emphasized relations between this principle and the concept of “material truth”. The changes established by the amendment are shown in perspective of the American definition of adversarial trial. The authors analyze the reform and attempt to predict the problems with new regulations in practice.

Language: English
Page range: 1 - 11
Submitted on: Dec 30, 2013
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Accepted on: May 5, 2014
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Published on: Oct 8, 2014
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2014 Monika Roclawska, Adam Bulat, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.