Published: 2020-06-30

Commentary to the Judgment of the Polish Constitutional Tribunal of 10 July 2019, Reference Number K 3/16, Regarding the Maximum Time Limit for Remanding a Suspect in Custody in Criminal Proceedings

Jan Kluza
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2020.20.1.12

Abstract

On 10 July 2019, the Polish Constitutional Tribunal issued a verdict in a case brought on the Ombudsman’s request to examine the constitutionality of two provisions in the Polish Code of Criminal Procedure regarding remand in custody pending trial. In its decision, the Tribunal ruled on the compliance of the provision of Art. 263 § 7 of the Code of Criminal Procedure in the scope within which it does not provide for a maximum period for the prolongation of custody, and dismissed proceedings in the remaining scope. In principle this judgment should be assessed as fair, and should be widely publicised because of its importance for judicial practice.

Keywords:

remand in custody; maximum period; preventive measures; procedural guarantees.

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Citation rules

Kluza, J. (2020). Commentary to the Judgment of the Polish Constitutional Tribunal of 10 July 2019, Reference Number K 3/16, Regarding the Maximum Time Limit for Remanding a Suspect in Custody in Criminal Proceedings. Zeszyty Prawnicze, 20(1), 265–277. https://doi.org/10.21697/zp.2020.20.1.12

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