Inadmissibility of Objections in Criminal Proceedings

The article is of a scientific and research nature. The analyzed issue is the institution of inadmissible objections specified in Article 378a § 4, Article 427 § 3a, Article 447 § 5 and Article 447 § 6 of the Criminal Procedure Code. Examining this research theme is justified by numerous problems related to the interpretation of the provisions governing this institution and the legal consequences of raising inadmissible objections in appeal. Moreover, the justification for conducting research results from the constitutional and conventional consequences of the inadmissibility of objections in criminal proceedings institution. So far, this issue has not been comprehensively described. The thesis was put forward that the provisions governing inadmissible objections were incorrectly formulated and the catalogues covering such claims are not strictly defined. Then, the thesis was put forward that the Criminal Procedure Code does not directly express the consequences of raising such claims, which requires a functional interpretation of the provisions of the Criminal Procedure Code. As a result of the considerations, de lege ferenda conclusions are formulated. The presented research is important for the dogmatics of criminal procedural law and the practice of application of the provisions discussed.

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Publication Details

Journal
Studia Iuridica Lublinensia
Published
2024-12-23
DOI
https://doi.org/10.17951/sil.2024.33.4.145-161
Primary Topic
European and International Law Studies
Type
article
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article

Inadmissibility of Objections in Criminal Proceedings

Marcin Klonowski
Studia Iuridica Lublinensia
European and International Law Studies
article

Inadmissibility of Objections in Criminal Proceedings

Marcin Klonowski
article en

Abstract

The article is of a scientific and research nature. The analyzed issue is the institution of inadmissible objections specified in Article 378a § 4, Article 427 § 3a, Article 447 § 5 and Article 447 § 6 of the Criminal Procedure Code. Examining this research theme is justified by numerous problems related to the interpretation of the provisions governing this institution and the legal consequences of raising inadmissible objections in appeal. Moreover, the justification for conducting research results from the constitutional and conventional consequences of the inadmissibility of objections in criminal proceedings institution. So far, this issue has not been comprehensively described. The thesis was put forward that the provisions governing inadmissible objections were incorrectly formulated and the catalogues covering such claims are not strictly defined. Then, the thesis was put forward that the Criminal Procedure Code does not directly express the consequences of raising such claims, which requires a functional interpretation of the provisions of the Criminal Procedure Code. As a result of the considerations, de lege ferenda conclusions are formulated. The presented research is important for the dogmatics of criminal procedural law and the practice of application of the provisions discussed.

Studia Iuridica LublinensiaVol. 33(4)
Jagiellonian University (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 58%
European and International Law Studies
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