Published: 2021-09-25

Intertemporal Aspects of the 2015-2019 Amendments to the Polish Code of Criminal Procedure

Jan Kluza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.3.09

Abstract

Criminal procedure has been one of the acts of legislation to be most frequently amended in Poland over the last few years. As a result, there have been discrepancies in the jurisprudence of the ordinary courts and the Supreme Court with regard to the validity of particular provisions of the Code of Criminal Procedure which have been amended. Such situations have occurred especially in the context of the 2016 amendment, leading to a legal issue which was adjudged by seven members of the Supreme Court. This article examines the situation. Another major amendment to the Code of Criminal Procedure took place in 2019, and it too related to the application of new provisions to proceedings that had already started.

Keywords:

amendment; the penal process; retroactivity; intertemporality.

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Citation rules

Kluza, J. (2021). Intertemporal Aspects of the 2015-2019 Amendments to the Polish Code of Criminal Procedure. Zeszyty Prawnicze, 21(3), 245–263. https://doi.org/10.21697/zp.2021.21.3.09

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