Published: 2020-06-30

Conditions for the Issue and Content of the Decision of Presentation of Charges

Maciej Błotnicki
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.1.06

Abstract

Bringing charges plays an important role in criminal proceedings. In principle, the charges made in the course of a criminal investigation are a decision which should be announced to the suspect in the proceedings, thereby creating the passive aspect of the procedure. As a result, when a charge is brought against a suspect, not only is he notifed of the criminal offence he has been charged with, but he is also provided with a series of procedural guarantees enabling him to defend himself. This is why it is necessary to consider both the reasons justifying the initiation of the phase of the proceedings in which charges are brought against a specific individual, as well as the content of the charges, in order to fully implement the principle of a fair criminal process.

Bringing charges plays an important role in criminal proceedings. In principle, the charges made in the course of a criminal investigation are a decision which should be announced to the suspect in the proceedings, thereby creating the passive aspect of the procedure. As a result, when a charge is brought against a suspect, not only is he notifed of the criminal offence he has been charged with, but he is also provided with a series of procedural guarantees enabling him to defend himself. This is why it is necessary to consider both the reasons justifying the initiation of the phase of the proceedings in which charges are brought against a specific individual, as well as the content of the charges, in order to fully implement the principle of a fair criminal process.

Keywords:

charges; specifcation; qualifcation; suspect.

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Citation rules

Błotnicki, M. (2020). Conditions for the Issue and Content of the Decision of Presentation of Charges. Zeszyty Prawnicze, 20(1), 137–166. https://doi.org/10.21697/zp.2020.20.1.06

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